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FACC Brief Filed November 7

The DOL’s principal defense of the New Interpretation comes down to little more than the fact that it pays lip service to the opinion in Chamber of Commerce of the United States of America v. United States Department of Labor, 885 F.3d 360 (5th Cir. 2018). According to the DOL, the New Interpretation is “littered” with references to “trust and confidence.” DOL’s Brief at 48. So too is DOL’s Brief. To paraphrase Inigo Montoya: “You keep using those words; I do not think they mean what you think they mean.”[1]

[1] The Princess Bride (1987).

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