The Department of Labor’s appeal of the challenge to its regulations increasing the salary threshold for the white-collar exemptions has been delayed on the Department’s own motion. On February 17th, the DoL asked the U.S. court of appeals for the Fifth Circuit to give it an additional 60 days, until May 1st, to file its reply brief, perhaps because President Trump’s nominee for Labor Secretary had not yet been confirmed by the Senate. Resolution of the appeal is still probably several months away, unless the Trump administration decides to withdraw or modify the regulation.
