On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to take effect on December 1.  In granting the motion, the Court of Appeals actually issued a more expedited briefing schedule than the one requested by the DOL.  Under the schedule ordered by the Court of Appeals:

  • The DOL’s opening brief is due December 16.
  • Amicus briefs in support of the DOL are due December 23.
  • The States’ responsive brief is due January 17.
  • Amicus briefs in support of the States are due January 24.
  • The DOL’s reply brief is due January 31.

Oral argument will be scheduled for the first available date following the close of briefing.