Twenty-one states, including Ohio, filed a lawsuit on Sept. 20 in the U.S. District Court, Eastern District of Texas challenging the DOL rule and asking the Court for a declaratory judgment on the matter. The challenge is predicated on three arguments:
DOL does not have authority to pass the final rule,
The final rule's automatic indexing of the salary test every three years is not constitutional and violates the Federal Administrative Procedures Act, and
The rule is unconstitutional as applied to the states because it violates state sovereignty.
It is unclear at this time if the court will rule on the merits before the rule's effective date, or if a stay will be requested by the states to stop or postpone the rule from going into effect while it is being litigated.