Appeal of Overtime Rule Injunction Will Not Be Resolved Before New Administration Takes Office

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 5^th 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.