Maddy Joseph is a student at Harvard Law School.
Yesterday, a federal judge invalidated the Obama administration’s overtime rule, which would have doubled the overtime salary threshold to around $47,000. The rule would have made around 4 million additional workers overtime eligible. In an 18-page opinion, Judge Amos Mazzant (E.D. Tex.) concluded that, while the FLSA gives the Labor Department authority to use a salary threshold to determine eligibility for overtime, job duties must also be considered, at least when the salary threshold is high enough that it might sweep in white collar workers exempted from overtime.
As we previously covered, after Judge Mazzant enjoined the rule in November 2016, the Obama Administration appealed. When the Trump Administration took over, it continued to defend its FLSA authority but told the Fifth Circuit that it planned to abandon Obama’s rule.
Also on Thursday, France’s government unveiled its overhaul of the country’s labor code. As The New York Times summarizes:
[President Emmanuel] Macron’s changes make it easier to hire and fire workers and allow some workplace issues to be negotiated directly at the company level, rather than through industrywide agreements . . . .
The changes will go into effect on September 22, after they are ratified by the Cabinet.
The NLRB filed a complaint against Tesla yesterday, the Wall Street Journal reports. The unfair labor practices alleged include Tesla’s requirement that workers sign broad confidentiality agreements that prevented them from talking about safety and working conditions.
Daily News & Commentary
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September 17
A union argues the NLRB's quorum rule is unconstitutional; the California Building Trades back a state housing law; and Missouri proposes raising the bar for citizen ballot initiatives
September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.