Texas Attorney General Ken Paxton has initiated legal action against the United States Department of Labor (DOL) to halt a final rule issued by the agency. The rule, according to Paxton, violates existing law and oversteps authority not granted by Congress. Courts have previously ruled such regulations illegal.
The contested rule aims to increase salary thresholds determining employee eligibility for overtime pay exemption and establish automatic salary threshold increases every three years.
In September 2016, the Obama Administration attempted a similar regulatory change, which Attorney General Paxton challenged successfully. In August 2017, a federal court declared DOL’s actions illegal and issued a final judgment against the rule. The current DOL rule is described as substantially similar and allegedly violates both the Administrative Procedure Act and the Fair Labor Standards Act.
Attorney General Paxton has filed a lawsuit along with 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.