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LEGAL NEWSLINE

Monday, November 18, 2024

Ken Paxton blocks attempt to revive Obama-era overtime regulation

State AG

Attorney General Ken Paxton has successfully blocked a regulation from the U.S. Department of Labor that sought to change overtime requirements, which he argued was in violation of federal law. The Fair Labor Standards Act mandates overtime compensation but exempts certain employee categories, including those in executive, administrative, or professional roles. In 2016, the DOL issued a rule linking these exemptions to an employee's salary rather than their duties, contrary to the statute's stipulations. Paxton's lawsuit led to the rule being vacated in 2017.

The Biden-Harris Administration attempted to reinstate this policy with minor adjustments. Attorney General Paxton challenged this revised rule in June 2024 under the Administrative Procedure Act, claiming it exceeded legal boundaries and was arbitrary and capricious. Following his lawsuit, the rule has been vacated once more.

"Once again we have stopped an out-of-control federal agency from unilaterally rewriting the law to suit the Biden-Harris Administration’s unconstitutional agenda," said Attorney General Paxton. "Texas defeated this unlawful policy in court for a second time."

Paxton has been at the forefront of opposing what he views as federal overreach by filing numerous legal actions against the Biden-Harris Administration. He secured his first favorable ruling against them shortly after President Biden took office and has won over three-quarters of his lawsuits challenging various constitutional violations by the administration.

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