Lauren Godles is a student at Harvard Law School.
The Fifth Circuit Court of Appeals has just granted the DOL’s motion for expedited briefing and oral argument in its appeal of the nationwide injunction issued against the Overtime Rule, despite opposition from the state attorneys general who filed the suit. The briefing schedule is even more accelerated than requested by DOL in its motion, in which it requested briefing be completed by Feb. 7, 2017.
The briefing schedule is as follows: Appellant (DOL)’s brief due 12/16/16; Amicus briefs in support due 12/23/16. Appellee’s brief due 01/17/17; Amicus briefs in support due 01/24/17. Reply brief for Appellants due 01/31/17. Note that Appellant’s reply brief is due just 11 days after President-elect Trump is set to take office. Read more here.
Oral arguments will be scheduled by the court after Jan. 31, 2017, and OnLabor will continue to monitor the case closely.
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July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.
July 24
EEOC drops request for UPenn's Jewish staff; Starbucks defeats mail-in ballots; and Mamdani appoints Lina Khan.
July 23
Ninth Circuit affirms ban of transphobic books in school; leading demographer warns of impending labor shortage.
July 22
EDNY strikes down state labor board law; D.C. Circuit applies Loper Bright to NLRB; Joint employer bill reaches the House floor.
July 21
Fifth Circuit transfers an Anheuser-Busch NLRB case to the Eleventh Circuit; a new report makes the case for tripling union membership.