Two major lawsuits have been filed in federal courts in Texas challenging the new Department of Labor overtime rule set to take effect on December 1. Some 20 other states joined Texas in a challenge alleging that the new mandate violates the 10th Amendment of the US Constitution (the “State’s Rights amendment”). This particular complaint is similarly worded to the successful challenge many of these same states brought against the Medicaid expansion provision of the Affordable Care Act two years ago. In a separate lawsuit filed in the same Eastern District Federal Court in Sherman Texas, a broad array of some 50 business interests groups joined together in arguing that the Department of Labor exceeded its authority under the Fair Labor Standards Act by drastically altering the minimum salary requirements for exemption and by establishing an automatic salary threshold increase every three years, to take place without notice or public comment. While these challenges are pending, absent an injunction, the new overtime regulation will become effective on December 1, 2016. At the same time, efforts continue in Congress to pass legislation reining in this latest overreach by the Department of Labor.