On December 1, 2016, the Department of Labor (DOL) notified the U.S. District Court for the Eastern District of Texas that it plans to file an appeal with the Fifth Circuit Court of Appeals challenging the District Court’s recent ruling that blocked enactment of the expanded overtime rule. (Read more about the injunction in our previous alert.) Coincidentally, this notice was given on the same day the new overtime rule was supposed to take effect.
The appeal is not surprising, as the DOL was widely expected to seek a higher court’s opinion on the preliminary injunction.
We will continue to closely monitor this developing situation.