On Nov. 22, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) burdensome and costly overtime final rule. The rule would have changed the federal exemptions to overtime pay under the Fair Labor Standards Act for administrative, executive and professional employees, the so—called "white collar" worker classifications that have long been exempt from time-and-one-half pay for working more than 40 hours per week. The new rule will not go into effect without further action from the court.

WASHINGTON, D.C., Nov. 23– Associated Builders and Contractors (ABC) welcomed news that the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) burdensome and costly overtime final rule. Prior to the injunction, the rule was scheduled to go into effect on Dec. 1 and would have doubled the current minimum salary threshold for employees that are exempt from overtime pay and automatically increased it every three years.

WASHINGTON, D.C., Nov. 16– Associated Builders and Contractors (ABC) today welcomed news that the U.S. District Court for the Northern District of Texas has permanently blocked the U.S. Department of Labor’s (DOL) “persuader rule,” officially named the "Interpretation  of  the  ‘Advice’  Exemption  in  Section  203(c)  of  the  Labor-Management  Reporting  and  Disclosure  Act." In finding the rule unlawful, the District Court has maintained employers’ right to obtain advice from labor rel

ABC's Regulatory Alert, released Nov. 22, provides an overview of federally mandated rules, regulations and enforcement actions from the U.S. Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), U.S. Equal Employment Opportunity Commission (EEOC) and other federal agencies. 

On May 23, the U.S. Department of Labor (DOL) published a final rule changing the federal exemptions to overtime pay under the Fair Labor Standards Act for so-called "white collar" workers, which include administrative, executive, professional and computer professional employees, that have long been exempt from being paid time-and-one-half for working more than 40 hours per week. The rule will essentially double the current minimum annual salary level for exemption from $23,660 to $47,476 per year effective Dec. 1, 2016.

ABC General Counsel Maury Baskin and ABC National Director of Legislative & Political Affairs Liam Donovan will hold important webinars that will breakdown the post-election political and regulatory landscape Nov. 9 and Nov. 10 respectively.

On Oct. 24, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction that prevents the Federal Acquisition Regulatory (FAR) Council from implementing the final blacklisting rule, officially titled Fair Pay and Safe Workplaces, which was scheduled to go into effect on Oct. 25. 

On Oct. 18, the Occupational Safety and Health Administration (OSHA) announced that it agreed to further delay enforcement of the anti-retaliation provisions of OSHA’s final rule on Tracking of Workplace Injuries and Illnesses until Dec. 1st. Under the anti-retaliation provisions of the final rule, some forms of post-accident drug testing and accident-free incentive programs will be deemed unlawfully retaliatory. 

On Monday , Oct. 17 at 11 a.m. representatives from the Wage and Hour Division will cover the basics of the U.S. Department of Labor’s final rule updating the overtime regulations of the Fair Labor Standards Act (FLSA), highlight resources and guidance available for employers, and answer compliance assistance questions. 

ABC and a coalition of business groups filed suit against the U.S. Department of Labor (DOL) Wage and Hour Division’s costly and burdensome final overtime rule on Sept. 20. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas.