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ARTICLE · 06 MARCH 2017

Time And Time Again

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On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department's additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules.

United StatesEmployment and HR
Sheryl Skibb
Sheryl Skibb
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On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department's additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules.

The stated reason for the government's unopposed request was to "allow incoming leadership personnel adequate time to consider the issues." Nevada v. DOL, No. 16-41606, Motion For Extension to File Reply (Feb. 17, 2017).

Presumably, the request for additional time is to permit the Senate to confirm the Trump administration's new Labor Secretary, Alexander Acosta, and let him weigh in on the new rules. But the extension runs only to May 1, and it is not clear that the Senate could confirm Mr. Acosta and permit him to guide the government's position by this new deadline.

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