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.
While this was expected, it is still not possible to predict how or when the revisions' status might be settled. Given that President Obama's term will end in less than two months, USDOL must urge the Fifth Circuit U.S. Court of Appeals to act far more quickly than federal appellate courts normally do if the agency really seeks to have the issue resolved on this administration's watch.
Whether the Fifth Circuit will be receptive to such efforts remains to be seen. On the other hand, sometimes the courts will fast-track matters of high importance.
This development emphasizes that employers should proceed thoughtfully, carefully, and deliberately in deciding how to react in an uncertain legal environment.
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