FLSA motion hearing_Page_1Today was the big day for the hearing on the emergency motion for preliminary injunction in the Eastern District of Texas challenging the FLSA regulations overhaul. As suspected, Judge Mazzant did not rule from the bench. The hearing began at 9:00 a.m. and the minutes reflect the following issues were discussed:

  • How is this case reconciled with the Robbins case?
  • Discussion of the salary requirement.
  • Discussion of whether this should be addressed as a nationwide injunction.
  • Discussion of new Administration – Judge Mazzant noted the change in the Administration is not a basis for an injunction, his decision will be based on the law and the factors for a preliminary injunction.
  • Discussion of the DOL’s limit to define the salary limit.
  • DOL argued methodological error and had to take different approach.

At 12:40 p.m. the hearing concluded. Judge Mazzant stated he will take the motion under advisement, but anticipates that his initial ruling will be issued on Tuesday, November 22, 2016. If he denies the emergency temporary injunction, a hearing will be set for Monday, November 28, 2016 on the summary judgment motion.

I’ve been fielding calls all week as businesses are getting wind of these cases and the upcoming December 1 deadline. As I wrote about earlier, employers would be wise to continue to prepare for the regulations overhaul until the law provides otherwise.