DOL Appeal to be Expedited

The Fifth Circuit granted the DOL’s request to expedite its appeal of the lower court’s injunction which enjoined the new overtime rule from going into effect.  The DOL’s opening brief is due on December 16, opposition is due January 17, and the DOL’s reply brief is due January 31st.  Oral argument will take place sometime after January 31st – which means that the DOL, under the Trump Administration, could opt to drop the appeal (or take other action obviating the need for oral argument and subsequent proceedings).

SHRM also suggests that Congress might use the Congressional Review Act to revoke the DOL regulations.  More on that (and a little civics lesson) can be found here:

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/congressional-review-act-overtime-rule-expedited-hearing.aspx

 

 

 

 

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