Skip to Content
Business partners overlooking a blurred cityscape
Article

White-collar overtime rule: DOL appeal update

December 14, 2016 / 1 min read

This timing means that the updated overtime rules will not go into effect before the new administration enters office and the 115th Congress is seated.

As an update to our prior alert on the status of the updated overtime rules, the Fifth Circuit Court of Appeals has granted a motion filed by the Department of Labor for an expedited review of the national preliminary injunction issued by the federal District Court.

The order granting the expedited review includes a schedule for when the various written arguments must be filed and requires the final written argument to be filed no later than January 31, 2017. Oral arguments will be scheduled after January 31, 2017. This timing means that the updated overtime rules will not go into effect before the new administration enters office and the 115th Congress is seated.

The new administration and Congress could wait to see how the Fifth Circuit case proceeds before acting to take steps to modify or nullify the updated overtime rules, or they have several options at their disposal to make the updated overtime rules and the ultimate Fifth Circuit decision irrelevant, such as:

At this point it is unclear how the incoming administration or Congress will address this issue, if at all, so stay tuned for more updates.

Related Thinking

Construction workers on frame of house.
April 17, 2025

Is an ESOP a viable exit strategy for your construction company?

Article 7 min read
Business professionals in a meeting.
March 25, 2025

Growing ROI via total rewards in the value creation phase

Article 8 min read
Young couple learning about state and local tax from accountant.
March 19, 2025

Create value across your portfolio with the power of total rewards

Article 5 min read