We're celebrating 10 Days of Membership! Today's Gift: $20 off your professional membership with promo 10DAYS20OFF
Training, policies and tools to help HR prevent and respond to harassment claims.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Develop your HR competencies and knowledge in-person in 12 U.S. cities or virtually.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Lawsuits filed by states and business groups will proceed together before the court
A federal judge in Texas has agreed to consolidate two lawsuits aimed at stopping the overtime rule from taking effect on Dec. 1.
On Oct. 19, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas granted a request filed by the U.S. Chamber of Commerce and over 50 other business groups to have their case combined with a similar lawsuit filed by 21 states. The states' lawsuit is led by Nevada and Texas.
For more overtime compliance news, tips and tools, check out the SHRM resources provided below:
The two actions present somewhat different legal arguments, but they essentially ask for the same thing, said Michael Abcarian, an attorney with Fisher Phillips in Dallas.
They want to bar the Department of Labor's (DOL's) rule that will more than double the salary threshold for overtime exemption under the Fair Labor Standards Act.
The overtime rule will raise the exempt salary threshold from $23,660 to $47,476. It also provides for automatic increases every three years based on the 40th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census region.
On Oct. 12, the
states filed an emergency motion to temporarily prevent the rule from taking effect while their court challenge proceeds. Two days later, the business groups asked the court for
an expedited ruling on their claims that the DOL exceeded its authority by raising the salary threshold too high and by providing for automatic increases.
"Both cases involve a common question of law and fact involving the legality of the new overtime rule," according to the business groups' unopposed motion to consolidate the two cases. "Consolidation will aid in efficiency and avoid duplicative efforts on the part of all parties and the court, since the same rule is before the court in both cases."
The state case will be the "lead" case, but this is just because it was filed first and therefore has the lower court docket number, explained John Doran, an attorney with Sherman & Howard in Phoenix.
"Consolidation could help expedite the expedited relief the various parties seek," Doran noted. "The trial court will be able to better streamline the process, avoid duplication of effort and essentially address everything at once."
Although it's possible, he said, employers shouldn't expect a miracle before the Dec. 1 implementation deadline. Businesses
still need to prepare for the rule to take effect as planned.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Join SHRM's exclusive peer-to-peer social network
SHRM’s HR Vendor Directory contains over 3,200 companies