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Expedited Appeal Ok’d for Injunction Against FLSA OT Rules

The Fifth Circuit Court of Appeals has granted a request by the Department of Labor (“DOL”) to conduct an expedited appeal of the injunction that was issued last month against their new FLSA overtime rules.  Under the expedited schedule, briefs for the appellants will be due in December 2016 and January 2017, and thereafter the court will schedule oral argument for the appeal on “the first available sitting after the close of briefing.”

Interestingly, even though the court has expedited the appeals process, it will not be able to issue a decision before the Trump administration takes office.  Therefore, it remains to be seen what a DOL that is run by Trump appointee Andrew Puzder – who has been critical of the FLSA rules – will do with regards to the appeal.