The Catholic University of America

Welcome to the Employment Law section of our webpage. Employment law issues are complex, often subject to state and local law (not ordinarily covered on CLIC pages) as well as federal law. This front page will reflect our most current information on employment law affecting educational institutions.

Update on FLSA final overtime rule injunction and litigation: The 5th Circuit issued an order granting the U.S. Dept. of Labor's request for expedited appeal briefing in the State of Nevada v. U.S. DOL case listed below. The court granted the DOL's request for an extension on the time to file a reply brief to June 30th, 2017.  For more see the HR Daily Advisor

State of Nevada v. U.S. DOL, U.S. Dist. Court, (E.D. Texas) Case 4:16-cv-00731, (11-22-16), Appeal filed by State of Nevada, et al. v. Labor, et. al, 5th Circuit, Dec. 1, 2016, and stay denied by Nevada v. U.S. DOL, 2017 WL 26079, E.D. Tex., Jan. 3, 2017. 

In this decision the federal district court in Texas blocked the implementation of the overtime rule scheduled to go into effect 12-1-16, issuing a preliminary injunction.  The court's reasoning was it needed more time to determine if the rule exceeded the authority held by the Department of Labor. This position was being argued by various groups opposing the new rule. 

The specific issue was did the  DOL exceed its authority by going beyond defining the duties of executive, adminstrative and professional employees, and also adding a minimum salary level. From the opinion at page 13: 

With the Final Rule, the Department exceeds its delegated authority and ignores Congress’s intent by raising the minimum salary level such that it supplants the duties test. Consequently, the Final Rule does not meet Chevron step one and is unlawful. The Department’s role is to carry out Congress’s intent. If Congress intended the salary requirement to supplant the duties test, then Congress, and not the Department, should make that change.