Texas Attorney General Ken Paxton has sued the United States Department of Labor ("DOL") to stop a final rule issued by the agency that violates the law and attempts to usurp authority not granted by Congress. Further, courts have already ruled that such a regulation is illegal. The rule would increase the salary thresholds determining employee eligibility for overtime pay exemption and establish automatic salary threshold increases every three years.
In September 2016, when the Obama Administration sought to mandate a similar regulatory change in violation of the law, Attorney General Paxton sued and secured an injunction. In August 2017, DOL’s actions were held to be illegal, and a final judgment was issued against the rule by a federal court. Now, DOL has produced a substantially similar rule that once again violates the Administrative Procedure Act and contradicts the Fair Labor Standards Act. In response, Attorney General Paxton has filed a lawsuit as well as a motion for a preliminary injunction to prevent the rule from taking effect.
“Biden’s attempt to sidestep the Constitution and mandate policies he could never get passed through the lawful process is a revival of the illegal scheme we fought during the Obama Administration,” said Attorney General Paxton. “I look forward to holding this Administration accountable for their regulatory overreach—we fought and won this battle once before.”
To read the filing, click here.