Seyfarth Synopsis: With respect to the lawsuits challenging the Final Persuader Rule, further amicus briefs have been filed and hearing dates have been set for the plaintiffs’ motions for preliminary injunctions.
In follow-up to our earlier blog post regarding the motion for preliminary injunction that was filed by the plaintiffs in the first lawsuit challenging the DOL’s Final Persuader Rule, Associated Builders and Contractors of Arkansas v. Perez (Case No. 4:16-cv-169, U.S. District Court for the Eastern District of Arkansas), the court has set April 28, 2016 as the deadline for the defendants to file their response to the plaintiffs’ motion, and the court has set May 9, 2016 as the date for the hearing on the plaintiffs’ motion.
The court also granted the U.S. Chamber of Commerce’s motion for leave to file an amicus brief in support of the plaintiffs’ motion, and additional amicus briefs in support of the plaintiffs’ motion have been filed by the Employment Law Alliance and the States of Arkansas, Alabama, Arizona, Michigan, Nevada, Oklahoma, South Carolina Texas, Utah, and West Virginia.
Additionally, in follow-up to our earlier blog post regarding the suit filed in the U.S. District Court for the District of Minnesota, Labnet Inc. d/b/a Worklaw Network v. United States Department of Labor (Case No. 0:16-cv-00844), the plaintiffs in that case have similarly filed a motion for a temporary restraining order, or in the alternative, for a preliminary injunction or stay, and the court has set May 26, 2016 as the date for the hearing on that motion.
We will keep you apprised of further developments as they occur.