Daily Trumpdate: DOL requests extension in overtime case


"Not so fast!"

Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, has asked for an extension of time to allow "incoming leadership personnel adequate time to consider the issues."

You know what that means.

The plaintiffs in the lawsuit, Nevada v. U.S. Department of Labor, won a preliminary injunction in November, which blocked the overtime rule from taking effect as scheduled on December 1. The Obama DOL appealed to the U.S. Court of Appeals for the Fifth Circuit and requested expedited proceedings. As of now, arguments have yet to be heard, although the parties have filed their briefs. President Trump's nominee for Secretary of Labor, Andrew Puzder, is on record as opposing the rule and is scheduled for a confirmation hearing on February 2, next Thursday.

A spokesperson for a public advocacy group was quoted in the Bloomberg BNA story as saying about the Trump Administration's request, "We're concerned that they're asking for more time because they're considering reversing their strong support for this important worker protection."

Ya think?

Needless to say, the plaintiffs do not oppose the request.

Image Credit: From flickr, Creative Commons license, by Edwin Torres.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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