On May 22, several business groups filed a lawsuit challenging the legality of the Department of Labor’s overtime final rule. In the complaint the plaintiffs call out DOL for pursuing policy changes that directly contradict the Fair Labor Standards Act and past judicial decisions that clearly prohibited the policies DOL is once again trying to implement with the new rule.
The following can be attributed to PPWO spokesperson Beth Milito, Executive Director of the National Federation of Independent Business’s Small Business Legal Center:
“PPWO applauds the business groups in this case for pursuing this legal challenge to the Department’s unlawful rulemaking. The District Court made it clear in 2017 that it is unlawful for DOL to raise the minimum salary threshold in such a drastic way that the agency essentially makes all other criteria of the overtime exemption irrelevant. Moreover, the court explicitly stated that automatic updates violated the FLSA. DOL should not be allowed to ignore rulings by the judicial branch.
“PPWO hopes the court will prohibit DOL from once again pursuing such misguided policies and for blatantly ignoring its own statutory limitations as dictated by the courts.”