The Justice Department’s request for 60 additional days to determine its position on the overtime rule appeal adds to the mix of moving parts in an already complicated case.

 

The stated purpose for the government’s unopposed motion for an extension to file a reply brief to a federal appeals court was to “allow incoming leadership personnel adequate time to consider the issues” ( Nevada v. DOL , 5th Cir., No. 16-41606, motion for extension to file reply brief 2/17/17 ). The U.S. Court of Appeals for the Fifth Circuit is expected to grant the extension, which would allow time both for a labor secretary to be confirmed and for the lower court’s temporary freeze of the rule to potentially become permanent

 

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