Touted as a major accomplishment of the Obama administration, the new overtime rule was permanently enjoined by a Texas court, a decision that was promptly appealed by the Department of Justice under President Obama. Now, with President Trump in the White House, the likelihood of that appeal continuing is seriously diminished. In fact, just this week, the 5th Circuit Court of Appeals granted Justice an extension until May 1 for the agency to file a reply brief in order “to allow incoming leadership personnel adequate time to consider the issues.” The reply brief was due by March 2, but now is extended an additional 60 days. My bet is that after “incoming leadership personnel” consider the more than doubling of the overtime threshold by the DOL’s Wage & Hour Division edict, the appeal will evaporate.
