Fifth Circuit Conservatives Slam Refusal to Rehear Overtime Case

A group of conservative judges on the US Court of Appeals for the Fifth Circuit decried a decision to not rehear en banc a case on overtime exemptions for truck drivers, saying the court “refused to do the right thing” by fixing past precedent.

The 12-5 decision published Monday follows a three-judge panel ruling in July that said, under the court’s precedents, truck drivers who transport oil only within the state of Texas are engaging in interstate commerce.

Judge Andrew Oldham was a member of the earlier panel as well as one of those voting for full-court review.

He wrote ...