by H. Juanita Beecher
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Get Your Report Now!In Texas v. DOL, a federal district judge granted summary judgment (dismissal without a trial) for the state of Texas and various trade groups and blocked the Biden administration’s overtime rule on a nationwide basis. In his opinion, Judge Sean Jordan of the Eastern District of Texas found the updated salary basis test violated the Fair Labor Standards Act (FLSA) by effectively displacing the Act’s duties test. He also ruled that automatically indexing the salary basis violates the notice and comment requirements of the Administrative Procedures Act (APA). The judge sent the rule back to the Department of Labor (DOL) for “further consideration in light of this opinion.”
Juanita Beecher is an attorney with Fortney & Scott, LLC, in Washington, D.C. Beecher is a nationally recognized expert on Office of Federal Contract Compliance Programs and U.S. Equal Employment Opportunity Commission matters. She is Counsel to Fortney & Scott, LLC, with a focus on OFCCP regulatory affairs. Ms. Beecher’s primary focus is labor and employment law with substantial experience with class investigations by the EEOC and OFCCP. You can reach her at