January 23, 2018

January 23, 2018

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January 22, 2018

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Government Seeks Another Delay on DOL’s Overtime Rule

The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from $23,660 to $47,476.  The final reply brief was scheduled to be filed on May 1, 2017, after two earlier requests for an extension.  Now the government has asked for an additional 60 days, until June 30, 2017, to file the reply brief.  The motion notes the request is necessary “to allow incoming leadership personnel adequate time to consider the issues” and explains that the Secretary of Labor has yet to be confirmed.  It is expected the Fifth Circuit will grant the request, which was unopposed.  A vote on the Secretary of Labor nominee, Alexander Acosta, may be scheduled next week.  Once the Secretary is confirmed, the government will need to stake out its position regarding the Final Rule.

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About this Author

Roberto Concepción Jr., Jackson Lewis, employment discrimination attorney, wage and hour disputes lawyer

Roberto Concepcion, Jr., is an Associate in the Long Island, New York, office of Jackson Lewis P.C. He represents employers in a wide range of employment law matters, including employment discrimination and wage and hour disputes.

Prior to joining Jackson Lewis, Mr. Concepción represented employees and employers in all aspects of workplace law. Mr. Concepción was also previously an Associate Counsel at LatinoJustice PRLDEF (formerly Puerto Rican Legal Defense and Education Fund) where he worked on civil rights impact litigation, including a...