DOJ Asks for Extension in Overtime Rule Case

On January 25, the Department of Justice (DOJ) asked for a 30-day extension on the deadline to file a brief in the case of Nevada v. DOL, 5th Cir. No. 16-41606. (See WICs article, “Judge Declines to Stay Injunction in Overtime Rule Case,” January 15, 2017.) In November, a federal district court issued an injunction against the Department of Labor’s Overtime Exemption rule from being implemented. The rule significantly increased the salary threshold below which employees had to be paid overtime. With that injunction, the rule did not go into effect as scheduled, and has been in a state of legal limbo. After the injunction, the DOJ (who is the agency tasked with defending the rule), appealed the ruling. However, the DOJ has now asked for additional time to file a brief to be reviewed by the appeals court, presumably in order to ensure that the department’s position aligns with that of the new administration.