Last week, the Department of Labor (DOL) made good on its promise to appeal the federal court decision that overturned its overtime regulation and then went one better – asking the court to expedite the hearing on its appeal.  Formally, the department asked that the court order the appeal fully briefed by February 7, which would mean that the DOL opening brief would be filed on December 16, 2016.  Unfortunately, early yesterday the US Circuit Court of Appeals for the Fifth District approved the DOL request.  Consequently, formal briefs will be submitted on the expedited schedule and oral arguments in the case will likely be heard in February or March.  Regardless, President-elect Trump will be inaugurated as our 45th President on January 20, and future decisions on the overtime rule will be made by his administration.