TEXAS v. DEPT. OF LABOR

No. 18-40246.

929 F.3d 205 (2019)

State of TEXAS, Plaintiff-Appellee, Chipotle Mexican Grill, Incorporated; Chipotle Services, L.L.C., Petitioners-Appellees v. United States DEPARTMENT OF LABOR, Defendant Carmen Alvarez, and her Counsel, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2019.


Attorney(s) appearing for the Case

Kyle Douglas Hawkins , Office of the Attorney General, Office of the Solicitor General, Austin, TX, David J. Hacker , Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, for Plaintiff-Appellee STATE OF TEXAS.

Kendra Beckwith , John Karl Shunk , Messner Reeves, L.L.P., Denver, CO, Laura Hilton Hallmon , Brian Carl Newby , Cantey Hanger, L.L.P., Fort Worth, TX, for Petitioners-Appellees CHIPOTLE MEXICAN GRILL, INCORPORATED, CHIPOTLE SERVICES, L.L.C.

Matthew S. Hellman , Jenner & Block, L.L.P., Washington, DC, for Respondent-Appellant CARMEN ALVAREZ.

Paul DeCamp , Epstein, Becker & Green, P.C., Washington, DC, for Amicus Curiae RESTAURANT LAW CENTER.

Paul D. Clement , Erin Murphy , Kirkland & Ellis, L.L.P., Washington, DC, for Amici Curiae CHAMBER OF COMMERCE OF THE UNITED STATES, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL ASSOCIATION OF WHOLESALER-DISTRIBUTORS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, NATIONAL RETAIL FEDERATION, TEXAS ASSOCIATION OF BUSINESS.

Before JOLLY, DENNIS, and HIGGINSON, Circuit Judges.


In November 2016, the United States District Court for the Eastern District of Texas (the Texas federal court) enjoined the Department of Labor's (DOL) proposed Fair Labor Standards Act (FLSA) Overtime Rule1 and specifically enjoined the DOL from implementing and enforcing that proposed...

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