Fifth Cir. Considers Overtime Dispute Redo in Chevron’s Wake (1)

A New Orleans federal appeals court is mulling whether to remand a case over the US Labor Department’s ability to set limits on exemptions to overtime pay requirements back to district court in the wake of the US Supreme Court’s ruling overturning Chevron deference.

Members of a three judge panel on the US Court of Appeals for the Fifth Circuit asked attorneys representing the US Labor Department and Dairy Queen operator Robert Mayfield why they shouldn’t send the case back to Texas district court now that the high court has created a new standard for judicial review.

The Supreme Court’s ...