UPDATE: All for Naught? Court Expedites DOL’s Appeal of Overtime Rule But Challenge Won’t Be Heard Until After Inauguration
- Written by Gregory Blueford
By: Gregory Blueford
Last week, a U.S. Appeals Court granted the Department of Labor’s (“DOL”) motion to expedite the briefing process in its appeal to the preliminary injunction, which has delayed the implementation of the DOL’s proposed overtime rule. You can read more about the proposed rule here, which would have increased the federal “white collar” overtime exemption from $23,660 to $47,479, and the injunction granted by a U.S. District Court (here). The DOL hopes to have the injunction order overturned quickly, so that the overtime rule can go into effect as soon as possible.
With the expedited briefing schedule granted, the DOL’s opening brief is due on December 16, 2016 and the final reply brief by the DOL is due January 24, 2017. The Court also indicated that it would schedule oral argument for the first available hearing after the final reply brief is filed. While this is certainly a minor victory for the DOL, it may end up being all for naught as President-Elect Donald Trump is set to be inaugurated on January 20, 2017.
EEOC UPDATES ITS STRATEGIC ENFORCEMENT PLAN AND SETS ITS SIGHTS ON COMPANIES RELYING ON ALTERNATIVE EMPLOYMENT RELATIONSHIPS
- Written by Anthony Oceguera
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued an updated Strategic Enforcement Plan (“SEP”) for Fiscal Years 2017-2021, which began on October 1, 2016. The SEP serves as a de facto mission statement for the EEOC, setting forth specific substantive area priorities, as well the EEOC’s strategies for having a sustainable impact in advancing equal opportunity and discouraging discrimination in the workplace.
The updated SEP continues to prioritize the areas listed in its prior 2012 edition, such as protecting immigrant and migrant workers, eliminating barriers in recruiting and hiring and ensuring equal pay protections. Notably, a new priority identified by the SEP is addressing issues relating to “complex employment relationships and structures in the 21st century workplace,” focusing specifically on temporary workers, staffing agencies, independent contractor relationships, and the on-demand or “gig” economy, which includes services such as Uber and Lyft.