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Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions?  In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect.  The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to be complete on February 7.

Yesterday, the DOL asked the Fifth Circuit—by way of an unopposed motion—for a 30-day extension of its deadline to file its reply brief on appeal, “to allow incoming leadership personnel adequate time to consider the issues.”

The motion comes only days after the White House put the brakes on all proposed federal regulations that have yet to take effect, by way of a Presidential Memorandum.

In his inaugural address, President Trump heralded the arrival of “the hour of action.”  That action seems likely to include relieving some of the pressure on the federal dockets.

© 2017 Proskauer Rose LLP.

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About this Author

Allan Bloom, Litigation Attorney, Proskauer Rose Law Firm
Partner

Allan Bloom is an experienced trial lawyer who represents management in a broad range of employment and labor law matters. He has successfully defended a number of the world’s leading financial services, investment management, technology, consumer products, telecommunications, publishing, insurance, construction, and lodging companies, as well as global law firms and cultural institutions, against claims for unpaid wages, employment discrimination, breach of contract, and wrongful discharge, both at the trial and appellate court levels.

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