DOL Appeals Preliminary Injunction Ruling to Fifth Circuit

On December 1, 2016, the Department of Labor appealed the district court’s preliminary injunction ruling. It is expected that the DOL will request the Fifth Circuit to rule on the appeal quickly, but the Fifth Circuit may not grant this request, and the appeal may not be resolved prior to January 20, 2017. If the appeal is not resolved prior to the Trump Administration, the appeal could be withdrawn by the new administration or legislation passed by the new Congress nullifying the DOL regulation.