Trump DOJ May Drop Support For Obama’s New Overtime Rule

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.