Attorney General Ken Paxton has sued the U.S. Department of Labor for crafting a compensation regulation that would raise the minimum salary threshold required for overtime pay exemption.
According to Paxton’s press release, the rule would usurp authority that Congress has not granted. In addition to raising the salary threshold, the rule would establish automatic increases every three years.
“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 Paxton. “I look forward to holding this Administration accountable for their regulatory overreach—we fought and won this battle once before.”
The rule ushered in by the agency mirrors another that was imposed and subsequently struck down during the Obama administration.
In September of 2016, Paxton sued the administration and secured an injunction that blocked the rule’s effects. The Department of Labor’s actions were held to be in violation of the law the following year. A final ruling was then issued by a federal court against the mandate.
The attorney general has argued that the rule introduced by the Department of Labor recently echoes the one that was shot down. In response, he has filed the lawsuit and a motion for a preliminary injunction to halt the rule’s effects.
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