On December 8, the U.S. Court of Appeals for the Fifth Circuit granted the Department of Labor's (DOL's) request for an expedited hearing of its overtime rule appeal. The final rule was scheduled to go into effect on December 1, but a district court judge ordered an injunction, effectively blocking the rule from implementation. (See WICs article, "Federal Court Grants Injunction for DOL Overtime Rule, Suspends Compliance Deadline," November 23, 2016.) DOL has now appealed that injunction, and asked the appeals court to hear the case on an expedited basis. Despite being granted expedited status, the case is likely to be tied up in court for some months, with oral arguments not taking place until at least February or March, which gives the new administration and Congress time to significantly change or repeal the rule. As an executive agency, the Department of Labor is under the purview of the executive branch, and it is possible that President-elect Trump, upon taking office, will direct the department to drop its legal appeal.
ANCOR will continue to communicate updates to members regarding the status of the rule and the litigation.