On Dec. 1 the U.S. Department of Justice appealed a preliminary injunction granted by U.S. District Court Judge Amos Mazzant against the U.S. Department of Labor overtime rule. The appeal was filed in the U.S. Circuit Court of Appeals for the Fifth Circuit on behalf of the DOL. Mazzant granted the preliminary injunction Nov. 22 against the federal rule that would update the overtime threshold across the U.S., extending overtime protection to more than 4 million salaried workers nationwide. According to the injunction, the court ruled the DOL does not have the statutory authority to apply the rule. The injunction states that Congress, not the department, has the authority to update the overtime threshold. However, the department said it disagrees with the court and believes it has the legal right to implement the rule. “The [rule] is the result of a comprehensive, inclusive rule-making process, and we remain confident in the legality of all aspects of the rule,” the DOL said in a statement.