DOL Appeals Injunction; Overtime Rule Still On Hold
December 2, 2016
By: Colin A. Walker
As anticipated, on December 1, 2016, the Department of Labor appealed the injunction issued by the federal court in Texas blocking the new overtime regulations. The filing of the appeal does not allow the regulations to become effective.
Possible Actions by DOL
- The DOL could file a motion to stay the injunction, which would allow the regulations to go into effect pending the appeal. Stays are the exception rather than the rule and the DOL would have to show a good reason why the appellate court should stay the district court’s injunction.
- The DOL could also file a motion to expedite the appeal, but, again, would have to show a good reason.
In the normal course, an appeal would be decided after President Trump takes office. Bottom line: the new overtime regulations are still on hold.
In case you missed it, read the previous DOL advisory from November 30: Old Overtime Regulations Will Remain In Effect – Federal Judge Issues Preliminary Injunction Blocking New Overtime Regs.
Contact Colin Walker with any further questions at cwalker@fwlaw.com.