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Fifth Circuit Court of Appeals Grants DOL’s Expedited Briefing Schedule

  • Dec 12, 2016

lawyer-w-greg-harvey-photo-1198140On December 8, 2016, the Fifth Circuit Court of Appeals entered an Order granting the DOL’s request for expedited briefing of its appeal of the preliminary injunction issued by a Texas district court judge that enjoined the DOL from implementing the new regulations raising the salary level for the white collar exemptions.  The Court set an expedited briefing schedule as follows:

DOL’s opening brief is due by December 16, 2016.

Amicus briefs in support of the DOL are due on or before December 23, 2016.

Appellees’ response brief us due by January 17, 2017.

Amicus briefs in support of Appellees are due on or before January 24, 2017.

The DOL’s reply brief is due on or before January 31, 2017.

The Order also contemplates oral argument will be held during the first available sitting after the close of briefing on January 31, 2017.  Note that pursuant to those timeframes,  the DOL’s Reply Brief is not due until after President-Elect Trump’s inauguration.  This makes it entirely possible that before the reply deadline comes the DOL could withdraw its appeal.

Also note that this timetable makes it certain that  the Trump Administration and/or the newly elected Congress will have an opportunity to determine the fate of the salary basis increases prior to a decision by the Fifth Circuit.

W. Greg Harvey is a partner and employment law attorney with Kerrick Bachert PSC.

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