President Donald Trump's Department of Labor (DOL) agenda is still unclear on whether it will support the former administration's challenge to a court order blocking the new overtime rule. But there are early indications that new DOL leaders will not fight the court order.

The DOL under former President Barack Obama had appealed the Nov. 22, 2016, district court order blocking the overtime rule, but now the DOL might say it consents to the injunction, according to Steven Suflas, an attorney with Ballard Spahr in Denver.

"The new administration—once the department's new leadership is in place—may not want to pursue the appeal further," agreed Robert Boonin, an attorney with Dykema in Detroit.

The motion is consistent with Trump's Chief of Staff Reince Priebus' memo to department heads freezing federal regulations that have not yet taken effect, Suflas added.

The overtime rule was supposed to take effect Dec. 1, 2016

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