The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from $23,660 to $47,476.  The final reply brief was scheduled to be filed on May 1, 2017, after two earlier requests for an extension.  Now the government has asked for an additional 60 days, until June 30, 2017, to file the reply brief.  The motion notes the request is necessary “to allow incoming leadership personnel adequate time to consider the issues” and explains that the Secretary of Labor has yet to be confirmed.  It is expected the Fifth Circuit will grant the request, which was unopposed.  A vote on the Secretary of Labor nominee, Alexander Acosta, may be scheduled next week.  Once the Secretary is confirmed, the government will need to stake out its position regarding the Final Rule.  Please watch for developments here.