Accessibility Tools

Skip to main content

Government Files Appeal in Overtime Case

Written on .

To the surprise of almost no one, on December 1, 2016 (the original effective date of the Overtime Final Rule), the Department of Justice on behalf of the Department of Labor filed a notice to appeal the preliminary injunction issued by the Texas federal district court that enjoined the Department of Labor from implementing and enforcing the Overtime Final Rule. The Notice of Appeal was filed with the U.S. Circuit Court of Appeals for the Fifth Circuit, which is considered to be a fairly conservative Circuit.

In connection with the filing, the Department of Labor issued the following statement: "The Department strongly disagrees with the decision by the court. The Department's Overtime Final Rule is the result of a comprehensive, inclusive rule-making process, and we remain confident in the legality of all aspects of the rule."

At this point, it is not clear how the appeal will proceed after January 20, 2017. President-elect Donald Trump and his transition team have not indicated how they will direct the DOJ to proceed with the case after Inauguration Day. On the one hand, most businesses (and traditional Republicans) are not in favor of the new overtime rule. On the other hand, during his campaign, President-elect Trump promised to work on behalf of working class Americans, many of whom would be the beneficiaries of this rule.

We will continue to follow this story.

Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

airport, fence
On Friday the United States Supreme Court lifted the stay that prevented the federal government from removing people who have parole status…
venezuelan flag
The Trump Administration’s immigration actions have created confusion and frustration for employers who are trying to maintain a legal and…
a painted of a different looking people
In the Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) released March 19, 2025, the go…
seating, indoors, government building
Occasionally, Immigration & Customs Enforcement (ICE) agents, or those from other state and local agencies, come to an employer’s facil…
irst woman jury, Los Angeles
Fairness is a fundamental human instinct.  For example, whatever the rights and wrongs of an employee’s firing, the manner in which the emp…
person reading newspaper on bench outside
Although the list of current issues that are relatively new and critical affecting employment decisions could get quite lengthy, this autho…