Seeking
a 30 day extension for filing its brief in the Fifth Circuit Court of Appeals
case challenging the Texas federal judge’s nationwide injunction prohibiting
enforcement of the Obama administration rule which would extend overtime pay
requirements to virtually all salaried workers earning less than $47,426.00 per
year, the Trump administration Department of Justice said it needs the extra
time to “allow incoming leadership adequate time to consider the issue.” This
signals at least the possibility that Trump’s DOJ will drop the appeal and
allow the lower court ruling to stand. Should that potential materialize,
employers won’t know whether there will be a different new rule coming out of
the Labor Department, or whether the old duty based rules will remain in
effect.
