Overtime Final Rule in Limbo

On November 22, 2016, U.S. District Court Judge Amos Mazzant granted an Emergency Motion for Preliminary Injunction and thereby enjoined the Department of Labor (DOL) from implementing and enforcing the Overtime Final Rule on December 1, 2016. On December 1, the Department of Justice (DOJ) on behalf of the DOL filed a notice to appeal the preliminary injunction to the U.S. Circuit Court of Appeals for the Fifth Circuit (the Court). The DOJ moved to expedite the appeal and on December 8, the Court granted their motion. Under the schedule set by the Court, briefings are to be completed by January 31, 2017. This means that the DOL will not file its final brief and that an oral argument will not occur until after the presidential administration has changed. It is important to note that the Court’s order was issued on the same day that President-elect Donald J. Trump announced that his nominee for Secretary of Labor, which is the top position at the DOL, is Andrew Puzder, a fast-food CEO who has been a critic of government regulation and opposes a $15 minimum wage and broader overtime pay. It remains to be seen whether the Fair Labor Standards Act (FLSA) revisions will ever see the light of day, but NUCA of Florida will continue to keep its members apprised of new developments.

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