A federal judge in Texas has agreed to consolidate two lawsuits challenging the Department of Labor’s authority to issue new white-collarset to take effect Dec. 1.
Judge Amos L. Mazzant granted a motion from business groups to combine their lawsuit with one filed simultaneously last month by the attorney’s general of 21 states. That suit becomes the lead case in a high-stakes legal showdown.
The attorneys general argue that the Fair Labor Standards Act does not permit the DOL to use a salary threshold to determine overtime eligibility for executive, administrative and professional employees. It first did so in 1940, two years after the law was enacted.