Last week, we informed you of the Eastern District of Texas’s November 22, 2016 decision preliminarily enjoining the Department of Labor’s controversial overtime regulation. That posting is available here. On December 1, 2016 (the same day the rule was originally slated to take effect), the Department of Labor filed a Notice of Appeal of the district court’s opinion to the Fifth Circuit Court of Appeals (available here). No timing was specified in the Department’s Notice. Due to the appeal, and the incoming Trump administration, significant uncertainty remains as to timing and the ultimate fate of the overtime rule. Reach out to your Sidley employment lawyer to discuss the implications of the injunction and the appeal for your business.