Rutledge files lawsuit against new Labor Department's overtime rule

LITTLE ROCK, Ark. (KTHV) -- Arkansas Attorney General Leslie Rutledge has joined a coalition of 21 states in filing a lawsuit challenging the U.S. Department of Labor’s new overtime rule.

President Obama ordered the DOL to revise the Fair Labor Standards Act’s overtime exemption for executive, administrative, and professional employees to account for the federal minimum wage.

The DOL ruled earlier this year that more salaried workers will receive overtime pay, beginning in December of this year.  Previously, the Fair Labor Standards Act of 1938 guaranteed that anyone making a salary of $23,660 or less annually was entitled to overtime pay (at 1.5x time) for any hours beyond the 40-hour workweek.  

The DOL’s new rule doubles that threshold to $47,476.

The lawsuit against the DOl's ruling urges the court to prevent the implementation of the rule before it takes effect.

“Concern over this new regulation from Washington has been a consistent topic at regulatory roundtables that I have been holding across the State,” said Rutledge in a released statement.  “Business owners, sheriffs, mayors and county judges are all concerned about how they are going to implement this rule without being forced to fire hardworking employees."

Led by Nevada Attorney General Adam Paul Laxalt, Rutledge is joined on the complaint by attorneys general from Alabama, Arizona, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, Texas, Utah and Wisconsin.


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