State of Nevada et al. v. United States Department of Labor et al.

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.

Appellees (21 Attorneys General) filed their response brief on Tuesday, January 17, 2017. Our amicus was filed on January 24, 2017. On August 31, 2017, the District Court decided the Summary Judgment motion by invalidating the Obama administration’s controversial rule.

Resolution

DOL 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