Overtime Litigation Update

A Message From Jade West, Senior Vice President-Government Relations, National Association of Wholesaler-Distributors

Since my last update to you on this topic there have been a number of procedural developments of significance to our legal challenge to the Obama Administration’s new overtime regulation scheduled to take effect on December 1st:

First, the business plaintiffs (of which NAW is one) in Plano Chamber of Commerce, et al. v. Perez et al. on October 17th filed a motion to consolidate the proceedings in Plano Chamber with the proceedings in the lawsuit filed by 21 states (Nevada et al. v. Department of Labor et al.).  Neither the states nor the government opposed our motion.

Second, the Court established a revised schedule for hearing the states’ preliminary injunction motion and a hearing will be held on November 16th.

Third, the government on October 18th filed a motion to stay the briefing on the motion for summary judgment made by the business plaintiffs in Plano Chamber et al. “pending proceedings on the preliminary injunction motion inNevada,” or failing that, “an extension of time to and including December 14, 2016 … in which to file a response to the Business Plaintiffs’ summary judgment motion.”

Fourth, the business plaintiffs in Plano Chamber et al. on October 21st filed a brief opposing the government’s motion, and the government replied with a brief filed on October 24th.


To view the Business Plaintiffs’ motion to consolidate Plano Chamber et al.with Nevada et al., go to: 



To view the government’s motion to stay summary judgment briefing, go to:



To view Business Defendants’ brief in opposition to the government’s motion, click here;



To view the government’s response to Business Defendants’ brief, click here.


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