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The Newly Enjoined Overtime Rule: What happens now
The Newly Enjoined Overtime Rule: What happens now? Angelo Amador & Shannon Meade December 1, 2016
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01 02 03 04 Today’s Presentation The Court’s ruling
Are the regulations dead? 03 Reaction from restaurants 04 Questions and answers
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The Court’s Ruling: How did we get here?
Two Lawsuits Case #1: Filed by 21 states claiming that the overtime regulation exceeded Congressional delegation of authority on salary basis test. They filed for a temporary injunction pending the outcome of the case. Case #2: Filed by 50+ Texas and some national trade associations making similar arguments. They filed for summary judgment. Both cases were consolidated into one case.
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On November 22, the Court granted the states’ request for a nationwide preliminary injunction
The judge held that Congress intended the exemptions to apply to those performing executive, administrative, and professional duties, without regard to compensation level; and, The judge also held that DOL exceeded its authority and ignored Congress’s intent by raising the salary level to be a substitute for the duties test.
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Are the regulations dead?
Appealing the preliminary injunction Decision on the Motion for Summary Judgement Impact of the elections/New Administration
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Reaction from Restaurants
Varied Responses Full Stop Mixed Approach Proceed as Planned
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THANK YOU! QUESTIONS? Angelo Amador Shannon Meade
National Restaurant Association/ National Restaurant Association Restaurant Law Center (202) (202)
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