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Chipotle Files Motion for Contempt Over Alleged Violation of Overtime Regulation Injunction


Back in 2016, the Department of Labor proposed a regulation that updated the salary threshold for overtime eligibility, from $23,660.00 to $47,476.00.  The regulation would have resulted in nearly 4.2 million new workers becoming eligible for overtime pay and became a talking point on the campaign trial and during the final months of President Barack Obama's administration (naturally, President Obama supported this proposed regulation).  However, readers might recall that the regulation was blocked late last year and never went into effect.  Currently, a nationwide injunction is in place while the case is pending.  With President Donald Trump taking office in January (and having his nominee for the Labor Secretary confirmed a few months ago), I think it is likely that this Obama era overtime regulation will remain dormant for the foreseeable future.

With that being said, undeterred, a lawsuit was filed this past June by a former Chipotle worker who alleged the company violated the Fair Labor Standards Act ("FLSA") and New Jersey State Wage and Hour Law by failing to pay her overtime wages (in accordance with the "shelved" proposed overtime regulation).  Attorneys for the former worker argued that the overtime rule was actually in effect and that the injunction only limited the Department of Labor from implementing and enforcing the regulation (& therefore did not stay the effective date of the regulation or otherwise prevent it from going into effect).  Since the lawsuit was filed, Chipotle has maintained that so long as the nationwide injunction was in effect, the proposed regulation did not apply to its workers.

On Tuesday, attorneys for Chipotle filed a Motion for Contempt in the federal court in Texas that issued the nationwide injunction and have argued that the former worker and her attorneys "intentionally disregarded" the injunction and instead improperly chose to file suit to enforce the overtime regulation that never went into effect.  In Chipotle's Motion, it is argued that any interpretation of the injunction that has been advanced by the former worker or her attorneys is simply wrong.  In its Motion, Chipotle has asked the Court to enforce the injunction, prohibit the former worker and her attorneys from further litigation in attempting to pursue enforcement of the proposed overtime regulation, and award Chipotle its fees and costs for having to pursue the Motion.  No response has been filed to the Motion yet, but I would certainly be interested to see how this plays out...


For additional information:  https://assets.documentcloud.org/documents/3911442/Chipotle-Contempt.pdf

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