The Fair Labor Standards Act was one of the earliest American workplace laws to contain an explicit anti-retaliation provision. Modeled after the anti-retaliation provisions in other New Deal legislation, including the National Labor Relations Act enacted just three years prior, the FLSA’s original text in 1938 made it unlawful “for any person … to discharge
DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review
On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to “define” and “delimit” the terms of the Fair Labor Standards Act’s executive, administrative, and professional (EAP) exemptions includes the
DOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs
On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by issuing a rule in April 2024 raising the minimum salary for exemption as an executive, administrative
White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking
As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency rulemaking and regulatory activity pending review by the new administration.
The order directs the executive agencies, which include the U.S.