A Texas federal judge got it wrong and overlooked controlling precedent when he determined employers should evaluate job duties alone to decide if an employee is exempt from the nation’s overtime laws, according to an appellate brief filed with the U.S. Court of Appeals for the Fifth Circuit by the Obama administration’s Department of Labor.
In November, U.S. District Judge Amos Mazzant of the Northern District of Texas, from his courtroom in Sherman, blocked the Labor Department’s proposed rule, which would have expanded the scope of eligibility for overtime pay to millions more workers. The Fifth Circuit then granted a request for an expedited appeal filed by Department of Justice lawyers representing the Labor Department.
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