The U.S. Department of Labor has been blocked from attempting to revive an Obama-era pay policy. The regulation would increase the minimum salary threshold required for overtime pay exemption. 

According to federal law, employers are required to compensate workers for overtime work. However, several exemptions are listed. Some include employees in a bona fide executive, administrative, or professional capacity. 

In 2016, the DOL attempted to implement a new rule that would base overtime pay exemption regulations on the worker’s salary rather than duties. Texas Attorney General Ken Paxton sued, and the courts vacated the “unlawful” policy in 2017. 

The Biden-Harris administration recently attempted to institute a strikingly similar rule.

He sued the federal government in June. The DOL has now officially been blocked from implementing its rule for a second time. Again, Paxton argued the rule was illegal and another example of government overreach. 

“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,” he said. “Texas defeated this unlawful policy in court for a second time.”

At the time of his June lawsuit, Paxton argued that President Biden schemed to “sidestep” the U.S. Constitution to implement policies he could never get passed via lawful processes. This, he said, mirrors a scheme he battled during the Obama era. 

“I look forward to holding this Administration accountable for their regulatory overreach—we fought and won this battle once before.”

Will Biagini

Will was born in Louisiana and raised in a military family. He currently serves as a journalist with Texas Scorecard. Previously, he was a senior correspondent for Campus Reform.

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