Thousands of employers affected by the US Department of Labor's Minimum Salary Rule for Overtime Pay Exemptions have anxiously awaited the outcome of litigation that blocks the rule from going into effect as intended, on December 1, 2016.

A Federal District court in Sherman, Texas ruled just before Thanksgiving that the DOL exceed its authority in issuing the rule. However, the DOL promptly appealed that decision to the U.S. Court of Appeals for the Fifth Circuit in New Orleans. The Appellate Court granted the DOL's motion for expedited proceedings and, on December 15th, the DOL filed its brief arguing that the lower court's decision was flawed. Among other things, the DOL argued that when Congress enacted the Fair Labor Standards Act (FLSA) in 1938, and since then, the DOL was authorized to set minimum salary levels for professional, executive and administrative positions exempt from the FLSA's overtime requirements.

The appellees - 21 states and business organizations - now have until mid-January to file briefs with the appellate court and then the DOL's final reply is due the end of that month. Presumably, the Fifth Circuit Court will then schedule oral arguments in February and a decision could come as early as the end of February, but more likely in March 2017 or later.