40 Hour Work Week In Peril?

[Ragnus]

Kinda surprised that there wasn't a thread about this already.

http://www.huffingtonpost.com/2013/0...n_3231385.html

WASHINGTON -- As part of their efforts to rebrand the GOP as a more caring party, House Republicans passed a hotly debated bill Wednesday that would loosen federal overtime laws, allowing for "comp" time instead of pay for private-sector employees who work more than 40 hours in a week.

Although GOP legislators made a strong public-relations push for the bill as worker-friendly legislation, the measure is not expected to go anywhere in the Democrat-controlled Senate, and the White House said Monday that the president would be advised to veto such legislation on the grounds that it would weaken protections in the Fair Labor Standards Act.

Republican leaders should have expected as much, considering the same measure has been rejected by Democrats at least twice in the past. If nothing else, the legislation has provided House Republicans with the opportunity to voice concern for working mothers struggling to strike a good work-life balance.

The measure passed by a vote of 223-204 along party lines.

"This is about helping working moms and dads, providing the ability to commit time at home," said Rep. Martha Roby (R-Ala.), who sponsored the bill and pitched it as an update to federal law. "This is something that the public sector has engaged in for many many years. If it's good enough for the federal government, it ought to be good enough for the private sector."

Under the Fair Labor Standards Act, the Depression-era statute that serves as the bedrock of U.S. labor law, hourly workers must be paid time-and-a-half for every hour they work over 40 in a week -- both to reward workers for their extra hours and to discourage employers from pushing workers too hard. The Republican measure would instead give employers and their workers the choice to use earned "comp" time instead of pay, an opportunity already afforded many public-sector employees.

According to Democrats, such an option would be ripe for abuse by employers, and in practice it might not be an option at all for some workers.

By lowering the cost of overtime for employers, labor advocates worry the measure would dilute the primary governor on the 40-hour week and pressure workers into taking comp time rather than pay, even if their choice is ostensibly protected by law. The bill would give workers the option to "cash out" their accrued comp time at a later date if they choose, but Democrats noted that such a situation would amount to an interest-free loan for employers. Labor unions and worker advocacy groups strongly opposed it.

In a sign of the union opposition to the bill, Chris Townsend, political director for the United Electrical, Radio & Machine Workers of America union, told HuffPost that such a measure could "liquidate the whole concept of paid leave." Rather than giving workers the standard two weeks of vacation or a handful of sick days, Townsend argued, employers could invite workers to "earn" their time off by working overtime.

"How much time off do you get?" Townsend asked. "Well, as much comp time as you want to earn."

Democrats dubbed it the "More Work, Less Pay Act."

"This really is an insidious bill," said Rep. Donna Edwards (D-Md.), who said the comp-time option works for public-sector workers because they tend to be unionized and have protections.

Noting the upcoming holiday on Sunday, Democratic Reps. Nancy Pelosi (Calif.), Marcy Kaptur (Ohio) and Grace Meng (N.Y.) inserted statements in the record calling it a "shameful," "deplorable" and "appalling" Mother's Day gift.

John Kline, the chairman of the House Committee on Education and the Workforce, said that "powerful special interests" -- that is, organized labor -- have stood in the way of the comp time reform. "There are extensive protections in this bill, but we've seen the straw men and heard the accusations," he said.

Sen. Tom Harkin (D-Iowa), chairman of the Senate Committee on Health, Education, Labor and Pensions, said in a statement to HuffPost he has "concerns" about the bill and whether it would protect workers "from being pressured into making choices that will actually hurt their families."

"I think this is the wrong approach to the very critical problem of helping workers balance job responsibilities with family and caregiving," said Harkin, adding that he'd rather see the House consider the measure he's put forth in the Senate to mandate paid sick leave.

The White House issued a statement Monday explaining its veto recommendation, essentially calling the bill a wolf in sheep's clothing.

"This legislation undermines the existing right to hard-earned overtime pay, on which many working families rely to make ends meet, while misrepresenting itself as a workplace flexibility measure that gives power to employees over their own schedules," the statement read.

The thought of getting time off with overtime pay instead of just the pay sounded nice but it went sour when I saw that there is also a provision which leaves the decision to use comp time in the hands of the employers. Is there anything the middle/lower class needs that the Repubs won't go after these days?

[kuronosan]

Yea, what cracks me up is how people actually say this bill is a godsend because it allows people to choose between getting money up front (earning overtime) and putting that money into a future need (earning comp).

It's actually retarded. What this really does is allow employers to let their workers work more than 40 hours and then force them to take the time off later, essentially making it pointless to actually work overtime.

[Kurokikaze]

This bill is all sorts of terrible and I don't see how any normal employee would ever get behind this.

[Salodin]

It's stupid because some one could just take the time and a half and save the money, and just take time off after the fact. There is no benefit to the employee with this. If we're going to screw over workers we could try a little harder to make it less transparent.

[Azull]

So its like being on salary but with extra time off?

[quannum]

like weekends? thank a union.

[djzombie]

Yea, what cracks me up is how people actually say this bill is a godsend because it allows people to choose between getting money up front (earning overtime) and putting that money into a future need (earning comp).

Who says this? Proponents to pass the bill? If you actually know real working people that have this opinion they're fucking idiots.

[Melena]

The other problem is that they don't go into, is that comp time can theoretically be more expensive. The Sheriff's office I work for actually cancelled comp time, making sworn staff take the OT cash instead. What ends up happening is you get a person taking comp time (normal pay) and then you have to fill that position for the day to maintain minimal staffing which means also paying out OT when it's used.

[archibaldcrane]

Shit, my average workday is between 11-12 hours and I just get a flat daily rate. I think I've earned overtime on like 2 jobs out of my past 20.

[kuronosan]

This bill is feasible only for exempt employees who don't earn overtime (time and a half) pay (like me). The problem is as I said before - it will allow employers to have you work 50-60 hours a week at once and then 'force' you to take your earned 'vacation' at your 'vacation' rate (good for 9-5ers) when they don't feel like having you work.

Essentially it's a furlough bill disguised as a "HEY THIS IS GOOD FIR WERKING CLASS AMURKENS".

Who do you know

Facebook.

[Dimmauk]

I can already see this scenerio, business is too busy all year to let you off for your comp time that expires at the end of the year. Employees would catch on fast and nobody would pick comp time over time and a half.

[djzombie]

Employees would catch on fast and nobody would pick comp time over time and a half.

Problem is that whether you get to take OT or comp time is at the discretion of your employer, not your choice.

[Callisto]

I was seeing arguments as well that the employer could just say 'oh you can't take that week off, we need you then' and not be obligated to cash out the accrued comp time as well, is there validity to that?

[BaneTheBrawler]

I wonder if any of my 'tarded friends will post this on the 'tardbook, and how they'll spin it if they do.

[Kurokikaze]

I just asked this on the AIM blastout at work and was shocked at how many chose comp time. Mostly because our 15 PTOs days isn't enough some times... To which my response was - that's more an issue with the US not mandating more paid time off, notice how our UK and SG offices have more holidays.

[djzombie]

Don't really think there would be an issue if the OT you worked were converted into comp time at the time and a 1/2 mandated rate that overtime has. If you got comp time @ time and a 1/2 as well.

To me that is one of the larger problems with this bill, you're not getting the time and 1/2 pay for the extra hours you're putting in, while most likely other things in your life are suffering as a result of these extra hours you're forced to put in.

That and it should absolutely be the choice of the employee whether he/she receives OT or CT.

Just seemed like it was designed with the purpose of screwing over workers, but hey these days what labor legislation isn't?

[kuronosan]

Uh, that is the very reason people are calling it the end of overtime.

[test123]

The Gov should enforce contracts, not write them...

This will definatly create jobs, companies can now hire without worrying of having too many people when the sales are low.

[quannum]

i was wondering how giving more power to companies would be beneficial to the economy .. thanks for n0thing

[kuronosan]

The Gov should enforce contracts, not write them...

This will definatly create jobs, companies can now hire without worrying of having too many people when the sales are low.

God you're an idiot. Can't they just ban you for being an ineffective troll? At least Churchill has conviction.