The U.S. Department of Labor on Thursday told a federal appeals court that a judge’s decision blocking a major rule to extend mandatory overtime pay to 4.2 million workers upended decades of precedent that gives the agency broad authority to address the erosion of wage protections.
The department in a 57-page brief told the 5th U.S. Circuit Court of Appeals that the key error by U.S. District Judge Sam Cummings in Lubbock, Texas in his November ruling was his finding that DOL lacked the power to base overtime eligibility on workers’ salaries, even though it has done so for over 75 years.
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