Update on DOL's Overtime Rule
On November 22, 2016, a federal judge in Texas sent shockwaves through America by issuing a preliminary injunction halting the implementation of the U.S. Department of Labor’s (“DOL”) new overtime rule. The injunction came just eight days before the scheduled effective date of December 1, 2016. The DOL quickly filed an interlocutory appeal to the injunction in the Fifth Circuit Court of Appeals. The Fifth Circuit Court of Appeals granted the DOL’s motion to expedite the briefing process in the DOL’s appeal. As a result, the Court set the following deadlines: (1) DOL’s opening brief due on or before December 16, 2016; (2) amicus briefs in support of the DOL’s position due on or before December 23, 2016; (3) the states’ brief in support of the district court’s injunction due January 17, 2017; (4) amicus briefs in support of the states’ position due on or before January 24, 2017; and (5) the DOL’s brief in reply due January 31, 2017. A date for oral arguments will be scheduled once all briefs have been received by the Court.
In short, this means the Court is attempting to speed up the appeals process; however, in reality, this could take months to resolve. In the meantime, employers should continue to stay apprised of the situation and current litigation. With the recent political shift in Washington, there is a chance the overtime rule could be repealed in its entirety.
For questions, please contact one of our employment law attorneys at 770-535-4001 or on the web at www.wdjwlaw.com.
This bulletin provides a general summary of recent legal developments. It is not intended to be and should not be relied upon as legal advice.