On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a Department of Labor (“DOL”) advisory opinion, which found that an insurance plan was not governed by ERISA, was ...
The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as ...
The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions
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We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Critics of the Department of Labor’s latest fiduciary rule filed a lawsuit last week challenging its validity in the 5th U.S. Circuit Court of Appeals, hoping the court will vacate the rule as it did ...
The court’s decision represents the latest update in a decade-long regulatory scrap over the proper method by which to determine whether employers may take a tip credit toward their obligations to ...
Under the previous administration, the Department of Labor had filed notices of appeal in the fall of 2024 in two federal court rulings that stayed the implementation of the expanded fiduciary rule.
At its heart, the case concerns the deadline by which entities must challenge federal agency regulations under the APA. DOL’s final rule revised its regulations in 2013 under the Fair Labor Standards ...
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