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Update on the Status of the DOL Overtime Regulations

As you know, the Federal District Court for the Eastern District of Texas issued a nationwide injunction on November 22, 2016, blocking the enforcement of the Department of Labor overtime regulations that were scheduled to go into effect December 1, 2016.

The Department of Labor has appealed the judge’s decision, and the Fifth Circuit Court of Appeals has ordered the parties to submit their legal briefs by January 31, 2017.  The court will hear arguments on the case in February, and then issue its decision.

Because the incoming Trump administration has not indicated whether it will pursue the appeal or drop it and let the original injunction stand, the AFL-CIO of Texas has asked to intervene in the case, so it can carry the appeal forward regardless of what the Trump administration decides to do.  The court has not ruled on whether it will allow the AFL-CIO to participate in the case on behalf of the workers who would have benefited from the new regulation.

We will keep you posted on any new developments