As we previously reported, on November 22, 2016, a federal district court judge in Texas issued a nationwide preliminary injunction enjoining the U.S. Department of Labor (DOL) from implementing and enforcing the new Fair Labor Standards Act (FLSA) overtime rules that were supposed to apply on December 1, 2016. The injunction essentially put the implementation of the new regulations on hold pending further litigation.
After the injunction ruling, the DOL appealed to the Fifth Circuit Court of Appeals asking for an expedited appeal. The Fifth Circuit granted the DOL’s request, but after the election of President Trump, the DOL asked the Fifth Circuit to delay the case by extending the deadline for the DOL to file an appellate reply brief. The Fifth Circuit granted that request and extended the deadline to file the brief to March 2, 2017. In February 2017, the DOL asked for an additional 60 days, until May 1, 2017, to file its brief “to allow incoming leadership personnel adequate time to consider the issues.” The Fifth Circuit granted this unopposed request.