Posted on 03/09/2004 5:19:44 PM PST by TheSpottedOwl
Executive summary On March 31, 2003, the Department of Labor (DOL) proposed regulatory changes, which if adopted, could make more than eight million white-collar employees ineligible for overtime pay. Under the current Fair Labor Standards Act (FLSA) regulations adopted in 1938, most workers—an estimated 79% as of 1999—are guaranteed the right to overtime pay, or time and a half, for every hour worked beyond the normal 40-hour workweek. For white-collar workers, three tests determine whether they are exempt, and thus ineligible for overtime pay, or nonexempt, and thereby eligible for overtime pay. The rule changes proposed by the Bush Administration in March 2003 would make drastic changes to these tests, vastly increasing the number of exempt employees and making it likely that millions of them will work longer hours at reduced pay.
Under current law, each of the following three tests must be met to classify an employee as exempt and therefore ineligible for overtime. First, the "salary-level" test stipulates that employees earning less than a certain level each week cannot be exempt. Second, the "salary basis" test states that employees must be paid a set salary—not an hourly wage—in order to be exempt. Finally, the third screening test is the "duties test," which states that a worker cannot be denied overtime pay unless his or her duties are primarily "administrative," "professional," or "executive" in nature.
(Excerpt) Read more at epinet.org ...
This was posted on another site, that isn't political in most cases. Someone that I have posted Kerry articles to, pointed out this little nugget. Be aware that it is sponsored by the AFL-CIO http://www.saveovertimepay.org/
Has anyone here heard of this? Bush is being blamed for redesignating positions and occupations where a lot of folks are going to be considered overtime exempt, where they weren't in the past.
Anyone have anything to refute this?
This is a lie. In fact, the federal government would stop forcing employers to pay overtime for many workers who can be characterized as managers. As it should.
If an employer wants his workers to work overtime, he can continue to pay time-and-a-half, or whatever amount he wants to offer them.
2)Most of the "scare" about LPN's, etc. losing their rights to OT won't matter a wit as these folks are generally paid hourly and under union contract, where time and 1/2 applies as does double-time, holiday time premiums, etc.
3)Unions represent hourly - largely non-exempt - workers, so they are using this as a hammer to beat about the administration. Secretly they are probably licking their chops at the possibility of "organizing" the disgruntled or fearful out of this proposal.
4) Though I may not agree with each one of the proposals, this portion of the FLSA is way overdue for revamp after decades of change in technology, job design, and wages.
Under current law, each of the following three tests must be met to classify an employee as exempt and therefore ineligible for overtime. First, the "salary-level" test stipulates that employees earning less than a certain level each week cannot be exempt. Second, the "salary basis" test states that employees must be paid a set salary—not an hourly wage—in order to be exempt. Finally, the third screening test is the "duties test," which states that a worker cannot be denied overtime pay unless his or her duties are primarily "administrative," "professional," or "executive" in nature.
Now, I know for a fact that I, for one, fail the first test. My salary is too high. I also fail the second test, in that my salary is a gross number, payable in 24 installments over the year. But the kicker is the third test. I'm not managerial, not a 'professional' as I have no degree, nor am I an executive. I'm the guy who has to drive from my home or office to the jobsite plus work my eight plus hour shift testing equipment and work more than half of the weekends rebuilding equipment in emergencies or its the only time a customer can take his facility off-line, or the transformer can come down, or the long holiday where production has ceased and the power can be shut down. I get all my overtime, double time and triple time at 1/2080th of my salary for every extra hour over forty.
I say enact this law and open up the opportunity for 8 million more working stiffs to make the 'time and a half'.
If an employer wants his workers to work overtime, he can continue to pay time-and-a-half, or whatever amount he wants to offer them.
It's a lie?
http://www.dol.gov/esa/regs/fedreg/proposed/2003033101.pdf
These are the current federal guidelines. While I believe that we should eliminate federal government from everything except running the federal govt; if this proposed legislation is for real, people are going to get the shaft.
I just want to know if anyone has heard about this proposed legislation, because I haven't seen it posted here.
I was thinking what a boon to WalMart, who already makes their employees clock out then continue working.
Hardly a Walmart policy. And anyone dumb enough to work for free doesn't deserve a paycheck.
3)Unions represent hourly - largely non-exempt - workers, so they are using this as a hammer to beat about the administration. Secretly they are probably licking their chops at the possibility of "organizing" the disgruntled or fearful out of this proposal.
The problem I have is that many employers are totally unscrupulous. It's fine if you have a salary for a weekly amount, but what happens when your boss lays off other workers and expects you to pick up the slack...at the same weekly pay rate? We are lucky to be employed these days, and they know it. I guess if we don't like it, the job will simply become a job that Americans won't do :-(
Hey I'm not union, but this whole thing scares me.
I see what you're saying, however all they have to do is lower that wage level.
If you're desperate for a paycheck, you'll do it because you have no choice. I know you didn't mean to be condescending towards people with limited job skills.
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