Plano Chamber of Commerce, Restaurant Law Center, Texas Restaurant Association, et al. v. Julie Su, et al.

  • United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK
  • Filed
  • Updated

Case Movement

Case Details

  • Case Status: Ongoing
  • Docket Number: 24-40777
  • Category: Regulatory Overreach

Issue

Whether the U.S. District Court erred when it determined that the Department of Labor’s 2024 Overtime Rule was unlawful because it, once again, made an employee’s duties, functions, or tasks irrelevant if the employee’s salary fell below a new minimum salary level, making salary, rather than an employee’s duties, determinative of whether a ‘bona fide executive, administrative, or professional capacity employee’ should be exempt from overtime pay.

April 29, 2025

The Fifth Circuit granted DOL’s request to stay further proceedings in the overtime appeal, while it reconsiders its position and possible issuance of a new overtime regulation that falls within the confines of the Fair Labor Standards Act. The abeyance is for 120 days and DOL must file status reports every 60 days.