CITY, Nev. (Legal Newsline) — Nevada Attorney General Adam Paul Laxalt
announced Jan. 17 that he will oppose the Department of Labor’s appeal after
its new overtime rule received a preliminary injunction.
district court had ordered the preliminary injunction, which the department
appealed. Laxalt filed a brief in the U.S. Court of Appeals for the
Fifth Circuit in response to the appeal. The brief, written on the behalf of 21
states, alleges the court correctly enjoined the department’s law. The
court had decided that the law, which would have gone into effect Dec. 1,
exceeds its statutory authority under the Fair Labor Standards Act.
“The Department of Labor’s new overtime rule is another
blatant example of an unrestrained federal agency under this executive
administration attempting to substitute its judgment for the law actually
passed by Congress,” Laxalt said.
“Federal law clearly requires an
overtime exemption for ‘any bona fide executive, administrative and professional’ employee, and the rule will seriously impact not only the budgets and
priorities of the sovereign states but also millions of small businesses
across the nation. I am hopeful and
expectant that any court to review this law will reach the same conclusion and
I am proud to be leading the fight against this especially intrusive, unlawful