Texas judge blocks Biden overtime rule
by H. Juanita Beecher, FortneyScott
In Texas v. DOL, a federal district judge granted summary judgment (dismissal without a trial) for the state of Texas and various trade groups and blocked the Biden administration’s overtime rule on a nationwide basis. In his opinion, Judge Sean Jordan of the Eastern District of Texas found the updated salary basis test violated the Fair Labor Standards Act (FLSA) by effectively displacing the Act’s duties test. He also ruled that automatically indexing the salary basis violates the notice and comment requirements of the Administrative Procedures Act (APA). The judge sent the rule back to the Department of Labor (DOL) for “further consideration in light of this opinion.”
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