After hearing arguments on Dec. 30, U.S. District Judge Amos L. Mazzant III yesterday (Jan. 3) rejected a request by the Department of Labor (DOL) that he halt his court’s proceedings on the issue of whether the department’s 2016 overtime pay rule is legal.

The DOL rule would raise the threshold for exemption from overtime pay from $23,660 a year to $47,476 annually in salary. Judge Mazzant only days before the rule was to take effect on Dec. 1 issued an injunction against its implementation while his court weighs a lawsuit by the attorneys general of 21 states.

The DOL requested the stay while it appeals the judge’s ruling to the U.S. Fifth Circuit Court of Appeals. That court won’t hear the appeal until after Donald Trump is sworn in on Jan. 20, so the DOL effort may die aborning.