The Department of Labor (DOL) has filed a motion for an expedited briefing of its appeal regarding the preliminary injunction of the Overtime Rule. The rule was scheduled to take effect on December 1, but on November 22, a Federal District Court Judge issued a nationwide preliminary injunction preserving the status quo while upholding the Court’s authority to determine the Final Rule.
As part of the final rule, the salary level under which employees qualify for overtime pay would have increased from $455 per week ($23,360 annually) to an estimated $913 per week ($47,476 annually). In addition, the rule would have provided for automatic updates to the threshold every three years without seeking public comment.
Even under the expedited timeline, a decision on DOL’s appeal is unlikely to occur until at least March. In addition, it is possible—perhaps even likely—that the new Administration will not continue the appeal once President-elect Donald Trump becomes President.