Although the appeal of the injunction blocking implementation of the new overtime rule is on an expedited briefing schedule, briefing will not be completed before the Trump administration takes office. Initial briefs are due to be filed with the 5th Circuit on January 17, 2017, and final Reply briefs are due on January 31, 2017. The Court will hold oral arguments during the "first sitting" thereafter. What makes this interesting is that the initial brief will be filed by the Obama administration in support of the overtime rule and the Department of Labor's authority to issue it, and the Reply brief will be filed by the Trump administration, which is not likely to support the overtime rule. Indeed, President-elect Trump's pick for Labor Secretary, Andrew Puzder, has spoken out against the overtime rule.
We will provide further updates as this matter progresses.
Status of Disparate Impact Theory of Discrimination – Hiring Procedures Disproportionately Affecting One Racial or Sexual Group Over Another
TPS Update (as of 3/31/2026)
Developments in Use of Indemnity Agreements with Staffing Agencies
Card Check Bargaining Order Theory Rejected by Appellate Court
NLRB Efforts to Interpret Employer Policies in a More Reasonable Manner
