New overtime regulations put in place by the Obama administration could end up fizzling if the Department of Labor fails to battle for their implementation.

That's according to a Society for Human Resource Management report, which says the DOL's request for more time to file a brief in appeals court over the measure.

Jim Swartz, an attorney with Polsinelli in Atlanta, is cited in the report saying the failure of the DOL to quickly pursue litigation indicates a lack of incentive to defend the measure. And confirmation of nominee Alexander Acosta as secretary of labor could ensure the demise of the overtime rule.

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