Lauren Godles is a student at Harvard Law School.
Yesterday, a federal judge in Texas issued a nationwide injunction against the Department of Labor’s overtime rule that increases the salary threshold of those eligible for overtime to $47,500. The judge, an Obama appointee, held that “the Department [of Labor] exceeds its delegated authority and ignores Congress’s intent by raising the minimum salary level such that it supplants the [executive function] test.” The rule was set to go into effect on December 1 of this year. The Department of Labor could appeal to the Fifth Circuit, a court notoriously hostile to President Obama’s initiatives, but the Department would likely drop the suit under President Trump. Even without this lawsuit, Congress may have nixed the rule under the Congressional Review Act. For more thoughts on the overtime rule, read Andrew Strom’s assessment of whether earlier implementation of the overtime rule would have changed the election outcome.
Governor Pat McCrory has filed for a recount in North Carolina’s gubernatorial race. McCrory is currently losing to NC Attorney General Roy Cooper by fewer than 10,000 votes, the threshold under which a recount is automatic in the state. The governor’s race is considered to largely be a referendum on McCrory’s support of HB2, also known as the transgender bathroom bill. HB2 has cost the state millions of dollars in lost business opportunities, including 400 jobs at Paypal’s global operations center and 730 jobs at CoStar Group Inc.’s research operations center, both planned and revoked for Charlotte, NC after HB2’s passage.
In international news, Turkey has fired an additional 15,000 public workers in the wake of the July 15 failed coup. To many, it signals that President Erdogan is pessimistic about Turkey’s chances of being accepted into the European Union. Turkey has also drawn sharp criticism from human rights groups recently for the Justice Department’s proposed measure giving amnesty to 3,000 – 4,000 men convicted of child abuse and rape.
Daily News & Commentary
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October 20
Korean unions oppose labor exemption bill; Portland city workers prepare for strike; UPenn grad student union looks to dismiss university filing
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.