Court Grants DoL Motion to Expedite Appeal, But Ruling to Come After Trump Inauguration

Today the U.S. Court of Appeals in New Orleans granted the Department of Labor’s motion to expedite its appeal of the order halting its new overtime rule, and put in place a schedule requiring the parties to file briefs much more quickly than they normally would.   The last brief is not be filed until January 31st, The problem for the DoL is that the oral argument before judges of the Court of Appeals would not take place until after…

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Labor Department Appeals Judge’s Order in Overtime Case

In the continuing saga of the Department of Labor’s new rule on the salary requirement for the white-collar exemptions, on December 1st the DoL filed a notice of appeal from Judge Mazzant’s order enjoining the enforcement of the rule, and the Fifth Circuit has accepted the appeal.  Late on Friday, December 2nd, the Department of Labor filed a motion for an expedited schedule on the appeal, which the State of Nevada, the lead plaintiff contesting the rule, has opposed.  Stay…

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