Kansas, Wisconsin joins lawsuit against federal overtime rule

Wisconsin and Kansas are two of the 21 states who have filed a lawsuit against the Obama administration. The bone of contention is a rule which makes substantial number of Americans eligible for pay when they do overtime. The said states argue that this is a clear step of the Federal Government overstepping its mark.

Overtime pay

This new law would permit employees who earn less than $47,476 per year to enjoy overtime pay in case they work in excess of 40 hours every week.  Earlier it was $23,660. The lawsuit brought by the sates contends that this new rule exceeds the “constitutional authorization” of the United States. It went further on to add that the plethora of unauthorized regulations and rules that continued to be churned out by the Obama administration continues to be shocking. Derek Schmidt, the Attorney General of Kansas, in his statement said that this non-authorized federal rule affects both private businesses and also taxpayers. The latter will have to bear the cost foisted on the state government. He went further to add that the legal objection rests on the point that any kind of power which will impose this stricture rests on the Congress. Schmidt noted that the latter had not delegated such power to US Department of Labor bureaucrats.

As per an attorney general office announcement, if the federal overtime rule has its way, approximately 40,000 private employees working in Kansas will be affected. This rule is slated to be effected from December 1. It will provide overtime protections to about 4.2 million workers.

Wisconsin echo

Brad Schmiel, the Attorney General of Wisconsin voiced similar views. In a statement, he said the continued federal overreach cannot be considered a Democrat vs. Republican issue. The two parties in the state are both against this rule. He continued that Wisconsin, along with every other state, must set their policies and priorities. The states must not be compelled to take directives from the all-powerful Washington DC bureaucracy. The latter, he alleged, wants to enjoy unprecedented power.

The Wisconsin Attorney General said this rule will compel many local and state governments to spend a large quantity of money on job generation and may result in layoff of personnel in many industries. The concerned states have asked a Texas federal judge to block this rule so that no effect occurs. 

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