Quick update on the FLSA overtime rule

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case.

In-depth analyses of the impact of Judge Mazzant's preliminary injunction decision are available here and here.

Denial of the stay means that Judge Mazzant could issue a final decision any time, even though the DOL has appealed the preliminary injunction decision to the U.S. Court of Appeals for the Fifth Circuit. Of course, Judge Mazzant's final decision -- whether it is in favor of the rule or against it -- will also be subject to appeal.

But with Inauguration Day only two weeks away and Andy Puzder as the nominee for Secretary of Labor, my guess is that the overtime rule is not long for this world.

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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