Employers continue to be understandably anxious as the FLSA overtime exemption litigation continues to work its way through the federal court in Texas and the related appeal in the United States Court of Appeals for the Fifth Circuit. Briefing on an expedited schedule was to be concluded by now. However, on January 25, 2017, the federal government (unopposed) requested from the Fifth Circuit a 30-day extension of time, to and including March 2, 2017, in which to file its reply brief. The requested extension was said to be “necessary to allow incoming leadership personnel adequate time to consider the issues.”
Since this is an appeal by the United States Department of Labor (“DOL”) concerning a preliminary injunction of the implantation of a new federal rule (passed under the prior administration), it remains to be seen whether DOL presses the appeal, takes steps to modify or withdraw the rule at issue in the litigation, or something else.
Stay tuned as this issue unfolds.