Biden's Overtime Expansion Rule Faces Court Battles
The Department of Labor (DOL) finalized a new rule in April 2024 aimed at expanding overtime pay eligibility for millions of U.S. workers. However, multiple lawsuits, including a prominent one filed in Texas by business groups and the state, are seeking to invalidate the rule before its phased implementation begins, arguing it imposes excessive burdens on employers, especially small businesses.
Understanding the Rule and the Legal Arguments

The DOL contends the update is necessary to ensure workers are paid fairly, reflecting wage growth since the last update. The rule primarily adjusts the salary threshold component of the overtime exemption tests. Opponents argue the DOL exceeded its authority under the Fair Labor Standards Act (FLSA) by setting the salary level so high that it effectively overrides the 'duties test' meant to define exempt employees. They also claim the automatic update mechanism bypasses required notice-and-comment rulemaking procedures.
Legal challenges echo a similar successful lawsuit against the Obama administration's 2016 overtime rule update. Plaintiffs assert the Biden rule suffers from similar flaws, potentially causing irreparable harm through increased labor costs, forcing businesses to reclassify employees, reduce staff or benefits, or limit workplace flexibility.
Business Community Voices Strong Opposition
Employer associations argue the rule is unworkable, particularly for businesses operating on thin margins or in lower-cost regions. "This regulation amounts to a mandate that ignores economic realities and regional differences," stated a spokesperson for a coalition challenging the rule. "Businesses need predictability and reasonable regulations, not drastic, costly overhauls imposed by federal agencies."
Debating the Impact on Workers

Supporters believe the rule will lead to higher pay for millions of currently exempt employees who work long hours, or will result in those employees working fewer hours for the same pay. However, opponents counter that employers might respond by lowering base hourly rates to offset overtime, converting salaried workers to hourly status (potentially impacting benefits or perceived status), or limiting opportunities for advancement into salaried roles.
What's Next for the Overtime Rule?

The legal battles are actively proceeding, with plaintiffs seeking preliminary injunctions to halt the rule before the July 1st effective date. The Biden administration is defending the rule's legality. The outcome remains uncertain and could significantly impact labor regulations depending on decisions in federal district courts and potential appeals, possibly reaching the Supreme Court. These cases highlight the ongoing tension between regulatory efforts to update labor standards and concerns about executive agency authority and economic impact.