Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions? In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect. The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to be complete on February 7.
Yesterday, the DOL asked the Fifth Circuit—by way of an unopposed motion—for a 30-day extension of its deadline to file its reply brief on appeal, “to allow incoming leadership personnel adequate time to consider the issues.”
The motion comes only days after the White House put the brakes on all proposed federal regulations that have yet to take effect, by way of a Presidential Memorandum.
In his inaugural address, President Trump heralded the arrival of “the hour of action.” That action seems likely to include relieving some of the pressure on the federal dockets.