May 19, 2019

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New Administration’s Request For Additional Time To Address Injunction Of New Overtime Rule May Signal An Intent To Abandon The Rule

Acting on behalf of the Department of Labor (“DOL”), the U.S. Department of Justice (“DOJ”) urged the Fifth Circuit Court of Appeals to expedite briefing on its interlocutory appeal of a Texas district court’s nationwide preliminary injunction barring implementation and enforcement of the new overtime rule that would double the minimum salary threshold for white-collar exemptions, among other things. The injunction was issued just days before the rule was to go into effect on December 1, 2016.

The DOJ obtained a fast-tracked briefing schedule from the Court of Appeals that would set up the appeal for oral argument and adjudication by January 31, 2017. Now, the DOJ has requested – and obtained – additional time to review and brief the issue that it had sought to fast-track.

Shortly after the inauguration of our new President, the new administration requested a 30-day extension for the DOJ to file its reply brief, to March 2, 2017. The reason for the request was “to allow incoming leadership personnel adequate time to consider the issues.” The Court granted the extension.

The additional time will allow the new administration to continue evaluating its options and the steps necessary to implement whatever route it elects. Among its options would be to abandon the appeal and to abandon efforts to implement and enforce the new rule. We will continue to monitor this important matter as it develops.

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ADRIANA S. KOSOVYCH, Epstein Becker Green, Pre-Employment Considerations Lawyer, Workforce Management Attorney, New York
Associate

ADRIANA S. KOSOVYCH is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Kosovych’s experience includes:

  • Representing clients in employment-related litigation on a broad array of matters, including claims of discrimination, harassment, retaliation, failure to accommodate disabilities, breach of employment contracts and restrictive covenants, and wage and hour disputes, in state and federal courts and before various...

212-351-4527
Michael S. Kun, epstein becker green, los angeles, labor, employment
Member

Mr. Kun's practice includes:

  • Litigating more than six dozen class actions and collective actions in California, New York, Georgia and Maryland involving a variety of employment issues, including discrimination and wage-hour claims, and successfully defeating motions for class certification on such claims. The sizes of the putative classes have ranged from 75 to approximately 15,000 employees.

  • Litigating a wide variety of employment-related claims, including discrimination, harassment, retaliation, breach of contract, misclassification, overtime, meal and rest breaks, restrictive covenants, whistleblower, and defamation cases. Mr. Kun has taken more than a dozen of these cases to trial.

  • Providing counseling and management training on employment issues. 

  •  Drafting and review of employment agreements and restrictive covenants. 

310-557-9501
Michael D. Thompson, newark, epstein becker, labor, litigation, employment
Member

Mr. Thompson's experience includes:

  • Representing employers before state and federal courts in litigation concerning federal and states discrimination laws, retaliation claims, and other employment matters

  • Litigating wage-and-hour collective actions and other class actions

  • Overseeing the development of comprehensive compliance programs and providing advice on the development and implementation of business policies and practices that foster compliance...

973-639-8282
Jeffrey H. Ruzal, epstein becker green, new york, fair labor, employment
Member

JEFFREY H. RUZAL is a Member in the Labor and Employment practice, in the New York office of Epstein Becker Green.

Mr. Ruzal's experience includes:

  • Representing employers in employment-related litigation in federal courts and before administrative agencies

  • Representing employers in the defense of putative collective actions under the Fair Labor Standards Act and class actions under the New York State Wage and Hour Law

  • ...

212-351-3762