The U.S. Court of Appeals for the Fifth Circuit granted the Department of Labor's (DOL's) request for an expedited hearing of its overtime rule appeal Dec. 8, 2016.

The final rule was to become effective Dec. 1, but Judge Amos Mazzant granted an emergency motion for a preliminary injunction to stop the rule Nov. 22, effectively blocking its implementation. (See an earlier article.)

Despite being granted expedited status, the appellate court has ordered that oral arguments will be scheduled after Jan. 31, 2017, 11 days after President-elect Donald Trump is set to be inaugurated.

Because the Department of Labor is under the purview of the executive branch of government, it is possible President-elect Trump, upon taking office, will direct the department to drop its legal appeal.