DOL Seeks Expedited Briefing on Appeal of Overtime Rule Injunction

December 04, 2016

The U.S. Department of Labor (DOL) has filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to take effect on December 1. In its motion, the DOL requests a schedule that would require the appeal to be fully briefed by February 7, 2017 and noticed for argument as soon as possible thereafter.

We note that this date is after the inauguration of President-elect Trump, which may well result in a change in litigation strategy by the DOL.