| As FSLA Rule Challenged by
18 States US Has To May 4 To Move To Dismiss
Amid Unemployment Wave
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 15 –
Eighteen U.S. states have sued
Secretary of Labor Eugene
Scalia about the narrowing of
the joint employment standard
under the Fair Labor Standards
Act, an Act Inner City Press
covers at the U.S. District
Court for the Southern
District of New York, here.
SDNY Judge Woods on April 15
held a conference in the case,
which Inner City Press
covered. New York State's
lawyer Fiona Kaye linked the
lawsuit to wave of
unemployment claims filed in
the last 3 weeks. She wanted
to discuss production of the
administrative record on the
Department of Labor's
rule.
The states in the case, most
not directly represented in
this conference, include VA,
VT, WA, RI, OR, NM, NJ, MN,
MI, MA, MD, IL, DC, DE, CO,
CA, PA and NY- similar to but
different from the line up of
states against the T-Mobile
Sprint merger before SDNY
Judge Victor Marrero,
here.
In this
case, Assistant US Attorney
Natasha Teleanu argued that
the Department of Labor hopes
that courts would apply the
standard in its rule. But of
course that is up to the
courts. She added, there's a
threshold issue of standing.
New York State lawyer Kaye
said while the administrative
record is on Regulations.gov ,
they want it given as a file
so they don't have to download
each PDF.
AUSA
Teleanu said the Department of
Labor doesn't want to download
it, only give the Judge the
comments cited in the case.
Judge Woods set May 4 for the
US to respond to the
complaint, seemingly most
probably with a motion to
dismiss. The case is State Of
New York et al v. Scalia,
20-cv-01689 (Woods).
***
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