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ARTICLE · 07 DECEMBER 2016

USDOL Appeals Last Week's Exemption Ruling (Updated 12 05 16)

Fisher Phillips LLP
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The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's...

United StatesEmployment and HR
Caroline Brown
Caroline Brown
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UPDATED 12 05 16:  The U.S. Department of Labor has urged the Fifth Circuit U.S. Court of Appeals to grant a shorter-than-usual schedule for briefing and to set oral argument "for the first available date after" all briefs have been filed.

But USDOL's proposed timeline calls for the last brief to be submitted as late as February 7, 2017.  Even if the court adopts the proposed schedule, then, the appeal will not be decided before President-elect Trump takes office on January 20.

The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect today.

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