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 January 31st, and a ruling would only come sometime after the oral argument. That is of course well after President-Elect Donald J. Trump is inaugurated on January 20th, giving him ample time, if he is so inclined, to halt the rule himself before the Court of Appeals rules. On the other hand, Mr. Trump has not yet named a nominee for Secretary of Labor, and whoever he names would be subject to Senate confirmation hearings.
This story is not over by any means, but for the moment the new overtime rule is on hold until further notice, and the old salary threshold for the white-collar exemptions remains in place.