The Biden-Harris Administration’s attempts to enact an overtime rule that is reminiscent of an Obama-era policy have been stopped by Texas Attorney General Ken Paxton. Another conflict in the continuous struggle between Texas and federal administrative overreach is represented by this judicial case.
The guidelines for overtime pay are set forth in the Fair Labor Standards Act (FLSA). “Any employee employed in a bona fide executive, administrative, or professional capacity” is specifically exempt from the law. The 2016 rule from the Department of Labor, however, made an effort to change the requirements for these exclusions from the type of work that employees performed to their pay scales. This rule was vacated in 2017 as a result of Paxton’s legal action. According to a statement provided by the Office of the Texas Attorney General, Paxton has successfully contested the Biden-Harris Administration’s attempt to reintroduce a slightly modified version of this rule as going beyond the law.
The challenge was filed under the Administrative Procedure Act, which prevents arbitrary and capricious federal actions as well as those that go beyond their statutory mission. The victory, according to Attorney General Paxton, is a protection against government intrusion. He said, “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.” According to the Office of the Texas Attorney General, this incident is the 100th lawsuit against the present Administration, and Paxton’s office has a history of resisting federal initiatives that are deemed unlawful.
Paxton, who regularly criticizes the Biden Administration, has established himself as a steadfast defender of state sovereignty against federal overreach. Beginning with a challenge to the Administration’s halt on deportations of illegal immigrants, which he claimed contradicted current law, he has been involved in a number of court skirmishes since January 2021. More than 75% of these cases are won, according to his office. Paxton’s most recent victory further exacerbates tensions between Texas and the Biden-Harris Administration by reaffirming his resolve to resist what he views as federal overreach.
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