Court Grants Government Extension on Federal Overtime Rule
WASHINGTON, D.C. — The status of the new federal overtime rule is on hold for at least another two months.
The U.S. Court of Appeals for the Fifth Circuit granted a request by the U.S. Department of Justice, which is representing the U.S. Department of Labor, for an extension on Feb. 22. As a result, the appeal regarding the validity of the overtime rule will not be fully briefed until May 1, according to the National Law Review.
As the legal news outlet reported, the labor department originally asked the court to expedite its appeal of the nationwide injunction issued by a Texas district court in late November — just days before the new rule was set to take effect.
However, that was under President Obama's administration. Days after President Trump's inauguration, the justice department sought a 30-day extension, pushing back the date to submit its final brief in support of the appeal to March 2, as CSNews Online previously reported.
On Feb. 17, the justice department asked for an additional 60 days — until May 1 — "to allow incoming leadership personnel adequate time to consider the issues," the National Law Review reported. The motion was unopposed.
The move comes as the labor department awaits new leadership. Trump's first nominee for labor secretary, Andrew Puzder, withdrew his name from consideration on Feb. 15. The president subsequently nominated Alexander Acosta, dean of the Florida International University College of Law.