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
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
In E.M.D. Sales, Inc. v. Cabrera, issued on January 15, 2025, the Supreme Court held that the “preponderance of the evidence” standard—and not the more difficult-to-satisfy “clear and convincing evidence” standard—applies when an employer seeks to demonstrate that an employee is exempt from the minimum wage and/or overtime pay provisions of the Fair Labor
For the second time in seven years, a federal court in Texas has struck down a U.S. Department of Labor (DOL) rule aimed at expanding the scope of overtime eligibility to workers across the country. On November 15, 2024, in State of Texas v. United States Dep’t of Labor, Judge Sean D. Jordan of