The Labor Department on Thursday appealed a November federal court decision blocking the agency’s rule to raise the salary threshold for overtime payments.
The case now will go to the New Orleans-based U.S. Court of Appeals for the Fifth Circuit.
On Nov. 22, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas granted a request by 21 state attorneys general for a preliminary injunction to block the rule.
If implemented, the rule would raise the federal salary threshold exempting employers from paying overtime from $23,660 to $47,892. Before Mazzant granted the injunction, the rule was slated to take effect Dec 1.
The Fifth Circuit’s Chief Judge is Carl E. Stewart, whom former President Bill Clinton nominated in 1994.