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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June 26
Mamdani issues workplace heat protections order; Fifth Circuit denies enforcement of NLRB order against Starbucks; AFGE unlikely to secure injunction against FEMA layoffs.
June 25
NLRB orders Amazon to bargain with workers; federal judge blocks ICE agents from making arrests in courthouses.
June 24
NYC primary vies for union support; NLRB ruling tees up Cemex challenge; Sixth Circuit deals blow to NLRB policymaking.
June 23
The Supreme Court declines review of a taxpayer lawsuit against a teacher union's paid leave policy; Congressional Democrats oppose Labor Department's proposed joint employer rule.
June 22
Pro-labor candidate wins DC mayoral primary; Department of Labor secures court order regarding back wages.
June 21
The Bolivian government declares a state of emergency in response to union-led protests, and hotel workers in Philadelphia strike amidst World Cup celebrations.