Texas Attorney General Ken Paxton has filed a lawsuit against the US Department of Labor, challenging a recently issued rule concerning overtime pay exemptions. Paxton alleges that the rule, which increases the salary thresholds defining who's eligible for overtime pay and sets up automatic increases every three years, oversteps the authority granted by Congress and contradicts the Fair Labor Standards Act. This action follows a similar case from the Obama era, where Paxton also secured an injunction against an analogous rule.

In 2016, the Department of Labor under the Obama administration attempted to implement a comparable policy regarding overtime pay, leading Paxton to take legal action that ultimately resulted in a judgment against the rule by a federal court citing it as illegal in August 2017, and now, under a different presidency, the DOL has issued a rule closely resembling its predecessor, as reported by the Texas Attorney General's Office. They have filed not just a lawsuit but also a motion for a preliminary injunction, aiming to prevent the rule from taking root before it can affect businesses and workers.

"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," Paxton said, "I look forward to holding this Administration accountable for their regulatory overreach—we fought and won this battle once before," according to the Texas Attorney General's office.

For those interested in the specifics of the legal challenge and Paxton's argument against the Biden administration's actions, the full text of the filing has been made available by the Texas Attorney General’s office. As this legal confrontation continues, it highlights the ongoing tension between states like Texas and the federal government, particularly in how labor law is enacted and enforced where it challenges the jurisdiction between state sovereignty and federal oversight.