The fate of the Department of Labor’s long-delayed new overtime pay rules will not be known for several more weeks. That doesn’t bode well for their eventual enactment.
On Feb. 17, the Department of Justice filed an uncontested motion requesting a 60-day extension of its deadline for filing briefs appealing an injunction that blocked implementation of the rules, which would have made millions more employees eligible for overtime pay.
The 5th Circuit Court of Appeals originally demanded briefs by the end of January, based on an Obama administration request to fast-track the appeal. Then in late January, President Trump took office and the date shifted to March 2. Now the deadline is May 1.
Legal experts say the delays signal the Trump administration’s lack of enthusiasm for seeing the rules enacted. Unsurprisingly, the parties suing to permanently block the rules did not object to the extensions.
Before and after the change of administrations, the Justice Department has been in charge of defending the newagainst lawsuits challenging the Department of Labor’s -making authority. Both requests for extensions cited the need to “allow incoming personnel adequate time to consider the issues.”