August 12, 2024
A Dairy Queen franchisee owner told the Fifth Circuit that the full appellate court's decision striking down the Federal Communications Commission's universal service fund highlights that the U.S. Department of Labor couldn't spike employees' salary thresholds for an overtime carveout.
August 07, 2024
A Fifth Circuit panel told the government during oral arguments Wednesday that the Labor Department needed to provide more substantial reasoning as to how it determines workers' overtime eligibility, saying that just because it has set salary thresholds for nearly a century doesn't mean it gets carte blanche.
August 05, 2024
The Fifth Circuit is set to hear oral arguments this week in two cases challenging U.S. Department of Labor wage and hour rules, paving the way for a potential undoing of those regulations, given how the court has operated in the past. Here, Law360 explores what to expect during arguments.
August 02, 2024
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
July 16, 2024
A Dairy Queen franchisee owner told the Fifth Circuit that the recent U.S. Supreme Court decision tossing the Chevron doctrine officially makes clear that the U.S. Department of Labor can't raise employees' salary thresholds in a federal overtime exception.
July 15, 2024
Several legal fights that will dominate the rest of 2024 are variations on the debate around who has the power to make and change laws and who is considered an employee, with the cases challenging the breadth of the U.S. Department of Labor's rulemaking authority in the spotlight. Here, Law360 looks at seven cases to watch in the year's latter half.
July 15, 2024
A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.
July 12, 2024
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
July 02, 2024
The Fifth Circuit asked the U.S. Department of Labor and a Dairy Queen franchisee to address how the recent U.S. Supreme Court's decision nixing the Chevron doctrine affects a challenge to the department's overtime rule.
June 14, 2024
A U.S. Department of Labor rule that the agency says would extend overtime protections to an estimated 4.3 million workers in its first year faces opposition in the courts and in Congress that could topple the recently finalized regulations. Here, Law360 reviews five threats to the Biden administration's overtime rule.