NEW ORLEANS — The U.S. Court of Appeals Fifth Circuit granted on Dec. 8 the Department of Labor’s motion for an expedited ruling in its appeal to U.S. District Judge Amos L. Mazzant’s Nov. 22 order. Mazzant had ordered that the U.S. Court grant Nevada and 20 other states plaintiffs preliminary injunction regarding the Fair Labor Standards Act Final Rule to increase minimum salary levels for exempt employees.

The motion was granted under the modified schedule as follows:

  • Dec. 16: Appellants’ opening brief and record excerpts due
  • Dec. 23: Amicus briefs in support of appellants due
  • Jan. 17: Appellees’ response brief and record excerpts due
  • Jan. 24: Amicus briefs in support of appellees due
  • Jan. 31: Appellants’ reply brief due

The oral argument will be scheduled by the clerk of the court for the first available sitting after the close of the briefings.

Attorney Meredith M. Sayre, of counsel with the Iriarte Camacho Calvo Law Group LLC, stated in the Dec. 12 Journal that the Department of Labor, under President-elect Donald J. Trump, may opt to withdraw its appeal if there has not been a decision on it by Inauguration Day on Jan. 20.