Nevada et al. v. U.S. Department of Labor et al

Case Movement

Case Details

  • Case Status: Closed
  • Docket Number: 4:16-cv-00731
  • Category: Regulatory Overreach

We argued that the U.S. Department of Labor overstepped its authority when it made changes to the federal overtime rule. We were part of the legal management team challenging the regulation in court. Two groups of plaintiffs – 21 state attorneys general, as well as 50+ business groups – filed lawsuits challenging the DOL’s final overtime rule, which was published in May 2016 with a planned effective date of December 1, 2016. On November 22, 2016, at the request of the state plaintiffs, a judge in the Eastern District of Texas granted a nationwide preliminary injunction. The DOL appealed the injunction and the U.S. Court of Appeals for the Fifth Circuit agreed to expedite its review.


The Department of Labor appealed the final decision, but the case is being held in indefinite abeyance pending the issuance of a new notice of proposed rulemaking (NPRM). DOL already began the regulatory process to issue new overtime regulations. Nothing else is pending in this case except for a contempt motion