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I resent that I have to be grateful the judge didn't fire off a nationwide injunction.
"The State of Texas will not need to abide by the U.S. Department of Labor’s new overtime rule... following a preliminary injunction request ... which relies on the Supreme Court’s same-day decision that overturned the Chevron doctrine" www.hrdive.com/news/texas-s...
State employees in Texas not subject to overtime rule, judge holdswww.hrdive.com The ruling — which relies on the Supreme Court’s same-day decision that overturned the Chevron doctrine — is likely to foreshadow similar pending challenges, attorneys noted.
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The EAP Exemption is an almost perfect example of why Chevron was good, actually. The DoL having salary minimums was a reasonable interpretation of how to implement the exception because salary is a reasonable proxy for whether the company is bullshitting you about exempt employees.
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Under Chevron, as long as that interpretation wasn't wildly off base (and thus arbitrary and capricious) the rule would carry the day nation wide and we'd know what the rules are. But now, every fuckin' district court has to do statutory construction. Hope SCOTUS has time for more circuit splits.
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And because the conservative legal movement has become the YOLO judicial movement we get to live in fear of an inanely reasoned nationwide injunction all the time now, on everything, even if the circuits decide to clean up the mess later. Which they might not!
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Isn’t this a feature not a bug for the Conservative movement?
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Generational split I think
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Definitely. I left out “new conservative / Maga movement”. Anything is possible. Eventually it will become either workable corruption / favoritism; overturned; or chaos / judicial breakdown. My old naive view (ca 2014) was that “business” wouldn’t tolerate this.