The DOL has asked for its appeal of the district court’s injunction of the DOL overtime rule to be heard on an expedited basis. The proposed briefing schedule would require all briefing to be completed by February 7, 2017. The DOL requested that the Fifth Circuit rule on its request to expedite by December 8, 2016.
This does not change the uncertainty faced by employers. However, if the motion to expedite is granted, it will speed up the resolution of the dispute.