As we previously discussed here, in November of 2016, a Texas federal judge granted a nationwide injunction to prevent the Department of Labor (DOL) from increasing the minimum salary threshold for employees exempt from the overtime requirement. The Labor Department appealed the decision, but briefing was stayed to allow the new administration to form a stance on the policy. In its recent briefing, Trump’s Department of Labor indicated that it intends to consider raising this threshold, but that the spike formulated by the Obama administration was too high, and the DOL would not defend or enforce that new threshold.
In the past month, there have been several important Federal Appellate Court decisions regarding sexual orientation discrimination. On March 20, the Eleventh Circuit reaffirmed its prior precedent that Title VII does not extend protection to individuals harassed on the basis of sexual orientation. The Court noted that claims for gender nonconformity are allowed, but stated that there were not sufficient facts for such a finding in the present case. The Court also stated that it cannot reconsider prior precedent without a hearing in front of all the judges of the Eleventh Circuit—potentially signaling that the Court is willing to reconsider its position on sexual orientation discrimination.