Texas Attorney General Ken Paxton blocked the U.S. Department of Labor (DOL) from instituting a regulation that would have restructured overtime requirements in violation of federal law.
The Fair Labor Standards Act requires employers to pay overtime compensation, but the law exempts several categories of employees, including “any employee who is a bona fide employee in an executive, administrative, or professional capacity.” In 2016, the DOL enacted a rule that conditioned exemptions on an employee’s salary, not on the employee’s duties, as required by law. Attorney General Paxton took successful legal action and the court struck down the illegal rule in 2017.
The Biden-Harris Administration then attempted to revive this illegal policy by republishing the 2016 rule with only minor changes. In June 2024, Attorney General Paxton challenged the new Administrative Procedure Act rule as exceeding the scope of the law and being arbitrary and capricious. Now, the illegal rule has been rescinded and set aside following legal action by Attorney General Paxton.
“Once again, we have prevented an out-of-control federal agency from unilaterally rewriting the law to fit the Biden-Harris Administration’s unconstitutional agenda,” said Attorney General Paxton. “Texas defeated this illegal policy in court for the second time.”
Attorney General Paxton has led the nation in opposing the federal government’s abuses of power, recently filing his 100th legal action against the Biden-Harris Administration. He was the first state attorney general to obtain a favorable ruling against the Biden-Harris Administration in January 2021, when he filed a legal action against the federal government just two days into the new presidential term and challenged the illegal pause in deportations of undocumented aliens . In the years that followed, Attorney General Paxton took legal action against the Biden Administration for frequent violations of the Constitution, winning more than three of every four legal actions brought against the Administration.
To read the decision, click here.
To read the final ruling, click here.
How do different states’ approaches to overtime regulations compare, especially in light of federal policies?
I have divided the interview into three thematic sections based on the key topics covered in the article:
Section 1: Understanding the Overtime Requirements and its Exemptions
1. Can you please explain the Fair Labor Standards Act and its provisions related to overtime pay and exemptions?
2. What led to the 2016 rule by the U.S. Department of Labor on overtime requirements, and how did it differ from the existing provisions?
3. How did the Texas Attorney General’s decision affect these provisions and the employees they were meant to benefit?
Section 2: The Legal Battle Against the Biden Administration’s Illegal Policy
4. How did the Texas Attorney General’s office challenge the Biden-Harris Administration’s attempt to revive the 2016 rule?
5. What were some of the arguments made by the Texas Attorney General in opposing the new rule?
6. What were the implications of this legal battle for the federal government’s authority to make rules?
Section 3: Attorney General Paxton’s Fight Against Federal Overreach
7. Can you provide examples of other instances where the Texas Attorney General has taken legal action against the Biden-Harris Administration?
8. How does the office of the Texas Attorney General prioritize cases related to federal overreach and unconstitutional actions by the government?
9. In your opinion, what role should state attorneys general play in holding the federal government accountable?
