Professional Service Agreement

Fifth Circuit Grants Government Request for Additional Time to State Position on Overtime Rule

January 30, 2017

Before the presidential election, the U.S. Department of Labor (DOL) asked the Fifth Circuit Court of Appeals to expedite its appeal regarding the validity of the DOL’s Final Rule, which increased the salary level for White Collar Exemptions. However, following the inauguration of President Trump, the DOL made the opposite request, asking the Court to slow down the process.

The DOL asked the Court foradditional time to submit its reply brief, currently due January 31, 2017, “to allow incoming leadership personnel adequate time to consider the issues.” The Fifth Circuit Court of Appeals granted that request on January 26, 2017, extending the due date for the reply brief to March 2, 2017.

The confirmation hearing for President Trump’s nominee for Secretary of Labor,Andrew Puzder, is currently scheduled for February 7. Puzder will likely be questioned at the hearing about his intentions regarding the overtime rule. He has previously expressed his disapproval of the regulation.

The DOL’s position on the rule may affect a separate motion filed by the Texas AFL-CIO tointervene in the action, filed due to fears the DOL will not defend the rule, which is still pending before the district court.