#Fifth circuit court of appeals judge salary professional
The holding “has implications beyond the toolpushers at issue in this case, potentially questioning the exempt statuses of other executive, administrative, and professional day rate employees commonly found in industries like oil and gas.” Indeed, a number of states, including Louisiana, and a number of energy companies and industry groups filed amici briefs, arguing on the side of exempt status. 9, 2021), the majority of the en banc Fifth Circuit held that a toolpusher, paid a day rate, is not exempt from overtime under the Fair Labor Standards Act (“FLSA”). The issues surrounding the DOL mandated salary adjustment are far from settled.The Fifth Circuit has potentially opened the door for the misclassification of many common highly paid employees currently paid day-rate wages in the oil and gas industry. The Fifth Circuit may reverse, and/or the incoming Trump Administration may take a different approach. If no action has been taken by an employer to date, we think it makes sense to stand by and watch for further developments. A reversal of a salary change or reclassification already put in place by an employer may harm morale, and the employer may be placed in a worse light if the injunction is lifted and possibly expose itself to adverse legal consequences from confused or frustrated employees. This situation creates a quandary for employers, especially those which have already implemented the anticipated salary adjustment or reclassified employees.
If the Court grants the motion with the schedule proposed by the Department of Labor, the agency’s opening brief would be filed on December 16, 2016. The Department of Labor also asked the Court of Appeals to require the plaintiffs to respond to the motion by December 6, and that the Court issue a ruling on the motion by December 8. Additionally, the district court has yet to rule on the plaintiffs’ motion for summary judgment, which may also affect the timing of the appeal. Some commentators have noted that this date is after the inauguration of President-elect Trump, and the Department of Labor may adopt a different litigation strategy after his inauguration. On December 2, the Department of Labor filed a motion with the Fifth Circuit requesting an expedited briefing schedule that would require the appeal to be fully briefed by February 7, 2017, and scheduled for argument as soon as possible thereafter. The injunction halts enforcement of the new rule, and the Department of Labor indicated on December 1 that it would appeal the injunction to the Fifth Circuit Court of Appeals. By raising the salary cap so high, he concluded that "the Department exceeds it delegated authority and ignores Congress's intent by raising the minimum salary level such that it supplants the duties test." Judge Mazzant reasoned this change would no longer require the Department of Labor to examine the duties of employees to determine who fits the exception. effectively eliminated the exception in the Fair Labor Standards Act for "bona fide executive, administrative or professional" employees. The administration argued it was merely updating the rule to “keep up with our modern economy." However, Judge Mazzant said the increase to the 40th percentile of all weekly earnings in the U.S. Judge Mazzant suggested the Obama administration may have overstepped its authority by raising the salary cap below which all workers must receive overtime pay from $455 a week to $921 a week, or $47,892 a year. Judge Amos Mazzant ruled that the 21 states and more than 50 business groups that sued to block the rule would suffer serious financial harm if the rule was put into effect as scheduled on December 1, 2016. Department of Labor Seeks Expedited AppealĪs many employers have heard by now, a federal judge in Texas issued a nationwide preliminary injunction blocking the Department of Labor’s rule requiring overtime pay for more than 4 million new workers. CLIENT ALERT: Texas Judge Issues Nationwide Injunction Against New Overtime Rule and the U.S.
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