Notice of Appeal_Page_1On December 1, 2016, the day the Final Rule regarding the Fair Labor Standard’s Act (FLSA) was to go into effect, the U.S. Department of Labor (DOL) filed its Notice of Appeal of the Eastern District of Texas’ November 22, 2016 Memorandum Opinion and Order to the Fifth Circuit. What does this mean? Well, it seems largely symbolic to me – the DOL had plenty more time to file the Notice of Appeal, but did it on December 1. Coincidence? I think not. From here the Fifth Circuit will set a briefing schedule and decide whether to hear oral arguments. That being said, the briefing will not be due until after the Trump Administration takes office. So, whether the DOL chooses to withdraw the appeal, only time will tell. For now, employers should stay the course – continue to verify your employees are properly classified, and keep your ears open on this issue until a final decision has been made.