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Fifth Circuit Expedites DOL’s Appeal Involving Overtime Rule

As described in more detail here, a federal district judge issued a preliminary injunction blocking implementation of the overtime rule that was slated to take effect on December 1. The Department of Labor (DOL) has since appealed that decision to the U.S. Court of Appeals for the Fifth Circuit.  Today, the Fifth Circuit granted DOL’s motion to expedite briefing in this appeal.  Under the expedited briefing schedule, which was modified from that which DOL proposed, DOL’s opening brief will be due on December 16, 2016; the states’ brief in support of the district court’s injunction will be due on January 17, 2017; and DOL’s reply brief will be due on January 31, 2017.  The court set deadlines for amicus briefs of December 23, 2016, for briefs in support of DOL’s position, and January 24, 2017, for briefs in support of the states’ position.  The court also indicated that it would schedule oral argument for the first available sitting after the close of briefing.  This timing would allow the DOL, under the Trump Administration, to abandon DOL’s current position and stop defending the appeal if it chose to do so.

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About this Author

Amy Groff, KL Gates Law Firm, Labor and Employment Attorney

Ms. Groff’s practice involves employment law, general civil and commercial litigation, and appellate work.

Her employment law practice involves representing employers before administrative agencies, in state and federal trial courts, and on appeal. She also provides advice on employment-related issues and drafts policies, procedures, and agreements.

She has worked on appeals pending in courts around the country involving a variety of substantive areas of the law. Ms. Groff has appeared a number of times in the...

David Lindsay, KL Gates Law Firm, Labor and Employment Attorney

David Lindsay focuses his practice on defending employment discrimination lawsuits and class and collective wage and hour actions, advising businesses on complex employee relations issues and assisting clients on international employment matters. He advises clients on questions relating to state and federal employment law, including questions relating to the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act and OSHA regulations. As part of his practice, he also regularly enforces covenants not to compete on behalf of employers.

Mr. Lindsay is listed in The Best Lawyers in America® 2013-2016. He has been named a 2010 North Carolina "Rising Star" and a 2013-2016 North Carolina "Super Lawyer" for Employment & Labor Law by SuperLawyers magazine and also was honored in Business North Carolina magazine’s "Legal Elite" in 2009, and 2013-2015 as one of North Carolina’s top employment attorneys.

Patrick Madden, KL Gates Law Firm, Labor and Employment Attorney

Mr. Madden focuses his practice on employment law and class action matters.  He advises employers on various issues, including wage and hour payment and compliance and compensation plan design; assists employers responding to agency investigations; and represents employers in wage and hour, discrimination, and other class actions and individual lawsuits at state and federal levels.  Mr. Madden has worked on over a hundred class actions, some involving putative classes of hundreds of thousands of employees and potential damages in excess of a billion dollars, including...

Bridget Blinn-Spears, KL Gates Law Firm, Labor and Employment Attorney

Bridget A. Blinn-Spears, counsel in the Raleigh office of K&L Gates, focuses her practice on employment and labor litigation, client counseling and investigations, employment and restrictive covenant agreements, and due diligence in support of corporate deals. She has experience dealing with claims of various kinds of discrimination, harassment, and retaliation/whistleblowing claims under both state and federal laws. She also handles tort claims against individual defendants. Her experience also includes defense of class actions under the Fair Credit Reporting Act...