Obama Overtime Rule Declared Illegal
The Labor Department Obama overtime rule declared illegal by a federal judge. This rule would have made 4.2 million workers eligible for overtime pay by raising the salary threshold for eligibility from $23,660 to $47,476. However, the Congress directed the Labor Department to exempt overtime pay for employees who perform “bona fide” executive, administrative or professional capacity duties, not based on salary. The Obama Labor Department ignored these requirement and only looked a salary requirement.
Provider groups opposed the rule, which also would have adjusted the salary threshold for affected executive, administrative and professional employees every three years. It was supposed to go into effect on December 1, 2016, but was delayed due to legal challenges from the U.S. Chamber of Commerce, several states’ attorney generals and other national and state business groups.
Thursday, judge Amos Mazzant III of U.S. District Court for the Eastern District of Texas said that the Labor Department had erred in creating a rule that based the overtime changes on a minimum salary rather than a job duties.
Once again the Obama administration attempted to circumvent the Constitution and Congress for political purposes. If he really wanted to make a change he would have fought for legislation. Instead he chose the easy way and the one that would provide the most political capital for him and the Democratic party.
It is in everyone’s best interest that the courts found that this rule was and is illegal. It is up to Congress to legislate and if this was such a good idea then the Democrats should make an effort to legislate it. So many of the rules and presidential decrees were done not for the purpose of changing anything long term, but rather for getting maximum political gain. This was a very cynical approach to governing.
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