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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October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.