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.
Daily News & Commentary
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December 11
In today’s News and Commentary, Biden’s NLRB pick heads to Senate vote, DOL settles a farmworker lawsuit, and a federal judge blocks Albertsons-Kroger merger. Democrats have moved to expedite re-confirmation proceedings for NLRB Chair Lauren McFerran, which would grant her another five years on the Board. If the Democrats succeed in finding 50 Senate votes […]
December 10
In today’s News and Commentary, advocacy groups lay out demands for Lori Chavez-DeRemer at DOL, a German union leader calls for ending the country’s debt brake, Teamsters give Amazon a deadline to agree to bargaining dates, and graduates of coding bootcamps face a labor market reshaped by the rise of AI. Worker advocacy groups have […]
December 9
Teamsters file charges against Costco; a sanitation contractor is fined child labor law violations, and workers give VW an ultimatum ahead of the latest negotiation attempts
December 8
Massachusetts rideshare drivers prepare to unionize; Starbucks and Nestlé supply chains use child labor, report says.
December 6
In today’s news and commentary, DOL attempts to abolish subminimum wage for workers with disabilities, AFGE reaches remote work agreement with SSA, and George Washington University resident doctors vote to strike. This week, the Department of Labor proposed a rule to abolish the Fair Labor Standards Act’s Section 14(c) program, which allows employers to pay […]
December 4
South Korea’s largest labor union began a general strike calling for the President’s removal, a Wisconsin judge reinstated bargaining rights for the state’s public sector workers, and the NLRB issued another ruling against Starbucks for anti-union practices.