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DOL Overstepped Authority in Overtime Rule, States Tell Court

Jan. 17, 2017, 11:54 PM

The Obama administration exceeded its authority when it roughly doubled—to about $47,500—the annual salary threshold below which workers are eligible for overtime pay, a group of 21 states challenging the rule told the U.S. Court of Appeals for the Fifth Circuit in a brief filed Jan. 17 (Nevada v. DOL, 5th Cir., 16-41606, brief filed 1/17/17).

The brief marked the first occasion challengers to the rule told the appeals court why it should uphold a district judge’s Nov. 22 order that preliminarily enjoined the rule. The DOL appealed the injunction.

The salary threshold update was scheduled to...

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