DOL Requests Additional Time to “Consider Issues” Before Filing Reply In Support of Salary Basis Rule

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Earlier today, the Department of Labor filed an unopposed motion to extend the deadline for its next submission in support of its appeal of the salary basis rule injunction.  The motion for extension requested until March 2, 2017 to submit the Department’s reply brief to the Fifth Circuit, and expressly stated that the extra time is “necessary to allow incoming leadership personnel adequate time to consider the issues.”  Stakeholders, including proposed intervenors AFL-CIO, have have expressed concern that President Trump’s nomination of Andrew Puzder for Labor Secretary reflects the administration’s clear intent to quash the salary basis initiative commenced in 2014 by President Obama.  The extension request came even as centrist republicans — including Health, Education, Labor and Pensions Committee member Susan Collins — fielded questions regarding Puzder’s nomination.  Watch this space for further coverage of the appeal handling, and the new administration’s other labor initiatives.

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