On December 1, 2016, the U.S. Department of Labor appealed a November 22 injunction against a rule expanding an employer mandate on overtime pay for salaried employees.
Competitive Enterprise Institute policy analyst Trey Kovacs commented on the development:
"Despite the harmful impact of the overtime rule on small business, non-profits and state and local governments, the DOL continues to charge ahead in the twilight of the Obama administration. Hopefully, the 5th Circuit will take the same view as the judge that imposed a nationwide injunction on the rule, which is that DOL regulators overreached the authority granted to the agency by Congress in raising the salary threshold so high. The injunction against the overtime rule is the third time in about a month that the courts have struck down DOL regulations. Unfortunately, the overzealous regulators at the DOL have not gotten the message sent by the courts. It is time for the Obama administration to pass the torch and to cease forcing burdensome red tape on job creators."