1. The Newly Enjoined Overtime Rule: What happens now
The Newly Enjoined Overtime Rule: What happens now? Angelo Amador & Shannon Meade December 1, 2016

2. 01 02 03 04 Today’s Presentation The Court’s ruling
Are the regulations dead? 03
Reaction from restaurants 04
Questions and answers

3. The Court’s Ruling: How did we get here?
Two Lawsuits
Case #1: Filed by 21 states claiming that the overtime regulation exceeded Congressional delegation of authority on salary basis test. They filed for a temporary injunction pending the outcome of the case.
Case #2: Filed by 50+ Texas and some national trade associations making similar arguments. They filed for summary judgment.
Both cases were consolidated into one case.

4. On November 22, the Court granted the states’ request for a nationwide preliminary injunction
The judge held that Congress intended the exemptions to apply to those performing executive, administrative, and professional duties, without regard to compensation level; and,
The judge also held that DOL exceeded its authority and ignored Congress’s intent by raising the salary level to be a substitute for the duties test.

5. Are the regulations dead?
Appealing the preliminary injunction
Decision on the Motion for Summary Judgement
Impact of the elections/New Administration

6. Reaction from Restaurants
Varied Responses
Full Stop
Mixed Approach
Proceed as Planned

7. THANK YOU! QUESTIONS? Angelo Amador Shannon Meade
National Restaurant Association/ National Restaurant Association
Restaurant Law Center
(202) (202)