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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December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction
December 11
House forces a vote on the “Protect America’s Workforce Act;” arguments on Trump’s executive order nullifying collective bargaining rights; and Penn State file a petition to form a union.
December 8
Private payrolls fall; NYC Council overrides mayoral veto on pay data; workers sue Starbucks.
December 7
Philadelphia transit workers indicate that a strike is imminent; a federal judge temporarily blocks State Department layoffs; and Virginia lawmakers consider legislation to repeal the state’s “right to work” law.
December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”