Arkansas AG supports lawsuit against Biden administration overtime pay rules

Arkansas AG supports lawsuit against Biden administration overtime pay rules

Arkansas Attorney General Tim Griffin filed an amicus brief, or supporting document, in a multi-state lawsuit targeting Biden-era employment rules.

Currently, 13 states are suing to stop the implementation of the Biden-era changes expanding the class of workers who receive financial compensation when they work overtime.

Griffin is joining with 13 other attorneys general in filing the lawsuit. They argue that the rule is illegal because it “removes millions of employees from exemption” from overtime pay rules in the Fair Labor Standards Act. The suit says that since the rules are promulgated on salary alone, many employees have job requirements that are harmed by the regulations.

The Fair Labor Standards Act generally applies to workers who work less than 40 hours a week. The rules are supposed to be phased in. In July 2024, people making over $43,888 a year or $844 a week are subject to the rule. By July 2025 people making over $58,656 or$1,128 per week are subject to the rule.

Department of Labor Administrator Jessica Looman said that the rules prevent worker exploitation.

“Strong overtime protections help build America’s middle class and ensure that workers are not overworked and underpaid,” she wrote in an online post.

She also says the department listed to feedback from thousands of people before creating the rules:

The Fair Labor Standards Act has existed since 1938. The department regularly updated the salary thresholds until 1975. Since then, updates to the rules have been more rare and uneven, which they say “lessens its effectiveness.”

Griffin’s suit argues that basing the rule on salary alone allows little room for employers who have unique work situations.

“The new rule requires employers to provide overtime pay to salaried professional, administrative, and executive employees who are already highly paid and were previously exempt from overtime requirements by conditioning overtime exemptions,” he said in a statement.

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Publish date : 2024-08-07 10:08:00

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