As reported in our Blog last month (https://yorkbowmanlaw.com/update-texas-judge-stops-obamas-salary-increase), a Texas federal court granted a preliminary nationwide injunction to stop the DOL’s overtime rule that was scheduled to take effect on December 1, 2016.
In response, the DOL filed an appeal. As many of you know, the appeal process can take months. To avoid the lengthy process, Labor Secretary Thomas Perez filed a motion for an expedited hearing or a motion for a stay (to override the preliminary injunction and make the DOL rule take effect).
Yesterday, the Fifth Circuit granted the DOL’s motion for an expedited hearing. The Court ordered the DOL to file an opening brief by December 16, the states to file responsive briefs by January 24, and the final reply brief from the DOL is due on January 31. The Court also explained that it will schedule oral argument for the first available sitting after the close of briefing, which is expected to be sometime in mid- to late-February. Litigation continues.