29 Nov Texas judge halts implementation of new DOL rules
An appellate court in Texas has granted an injunction to temporarily halt the implementation of the new overtime rules that have been laid down by the Department of Labor.
The court wrote the following in its verdict:
“The Fair Labor Standards Act says that employees can be exempt from overtime if they perform executive, administrative or professional duties, but the rule ‘creates essentially a de facto salary-only test.”
In doing so, the DOL “exceeds its delegated authority and ignores Congress’s intent by raising the minimum salary threshold such that it supplants the duties test.” In other words, by raising the salary threshold, the rule renders all the other thresholds obsolete.
Which, according to the judge, will not do.
The lobbyist who wrote the law, Ross Eisenbray, was furious. As could be expected. Angry announcing that the ruling ‘set back the rights of workers everywhere’, he went on a rant about ‘the workers were oppressed’ and that ‘there would be a revolution’. Someone remind him that Marx is dead and his school is only followed by the bitter and ignorant.
Everyone else is celebrating, saying that the economy won’t get crashed preemptively and people will be able to stay in business and keep their jobs, something that we call a net positive.