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* 's OverTime Plan - Business Loves It, Labor Hates It (DUH)

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dixiechiken Donating Member (133 posts) Send PM | Profile | Ignore Tue Jul-22-03 06:38 AM
Original message
* 's OverTime Plan - Business Loves It, Labor Hates It (DUH)
Edited on Tue Jul-22-03 07:05 AM by dixiechiken
They've been pretty quiet about this lately. Especially when you consider that the Labor Dept. has said that, "unless Congress intervenes", they intend to make their changes to the OT Plan by year-end & they project that these changes will become law in early '04. It doesn't appear that this should prove at all difficult for them since congressional action is NOT required for a final rule.

Take a look at the article linked below. (I recommend reading it in it's entirety, if at all possible.) It really does an excellent job of deciphering some of the proposed changes and breaks them down very nicely. It also does a decent job of emphasizing some very important "discrepancies" that aren't at all insignificant. Take, for example, the number of employees who are projected to lose OT compensation under these proposed changes ... the Labor Dept. projects that 644,000 people will lose OT. However, the Economic Policy Institute came up with a number slightly larger than the DOL's 644k ... the EPI projects that 8 MILLION people will lose OT.



644 Thousand vs. 8 MILLION ... ??? :wtf:



<snip>

OT Plan Divides Workplace

Business leaders are quietly praising the Bush administration's plan to overhaul overtime rules, calling it badly needed, "sweeping" and "comprehensive," even as the White House downplays its significance.

The planned revision "is a major achievement of which (the department) should be very proud," wrote Organization Research Counselors Inc., a consulting firm for 60 Fortune 500 companies, in a filing with the head of the Wage and Hour Division. "The proposal moves the regulation in the direction of the way work is actually being performed today."

The changes redefine who qualifies for overtime. The Labor Department says 644,000 people who now get overtime will no longer be eligible. An analysis by Economic Policy Institute, a Washington think tank funded mostly by foundations, says the changes will make 8 million workers unable to collect time-and-a-half wages after 40 hours of work in a week.


<snip>



The only positive change I see being proposed is the increase to the weekly salary cap that, should you make more than that number, you would be exempt from OT. Currently, the cap is $155/wk and they are proposing an increase of that number to $425/wk. So under the change, if you made less than $425/wk, you automatically qualify for OT - regardless of your job duties. Of course, some businesses think that the proposed number of $425/wk is too high ... the Nat'l Grocer Association wants this number lowered to $400/wk.

Something that concerns me here, though, is that there is no mention of the change that was a such huge part of their plan a few months ago, where time off could be substituted for overtime pay. A lot of potential issues were pointed out with that proposal but if I remember correctly, the repubs wanted that part probably more than anything else. I'm wondering if the McCutchen wench from the Labor Dept. just didn't share that part of the plan with this reporter or if that part of the plan has been scrapped since then or what ... ??? It doesn't say anything about it on their website either - at least not on this page: http://www.dol.gov/_sec/media/speeches/541Handout.htm


Business leaders are praising it, Corporate America loves it, despite these "kudos" the WH is "downplaying it's significance," the labor force hates it, the DOL is dismissing opposition to "they don't understand it," (what else is new? :eyes: ), the projections aren't even close ... I don't know, guys, but I'd have to say that, all things considered, I think the working class in this country can expect to take yet another serious hit here very soon.


BTW, Make sure you check out the list of companies in the link who are supporting and pushing for this ... is a boycott in order here?
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pnorman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-22-03 07:02 AM
Response to Original message
1. For some reason, that first link didn't work.
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dixiechiken Donating Member (133 posts) Send PM | Profile | Ignore Tue Jul-22-03 07:09 AM
Response to Reply #1
3. Sorry 'bout that ...
Edited on Tue Jul-22-03 07:10 AM by dixiechiken
I forgot to take out the "h++p://" from the text display ... :eyes: Should be O.K. now.

Thanks for bringing that to my attention, pnorman! (And for cleaning up behind me with a valid link!) :)
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dad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-06-04 09:14 AM
Response to Reply #1
15. =
Edited on Tue Jan-06-04 09:28 AM by canigeta
Neither of your links are working

_____________
here is something similar i just googled:
http://www.azcentral.com/arizonarepublic/news/articles/1214overtime14.html
___________

DOL ran the numbers based on how many worked OT .. EPI got their #'s based on how many were eligible for OT. Obviously some employers don't let their workers go over 40 because they don't want them to hit OT.
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sam sarrha Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-22-03 07:07 AM
Response to Original message
2. the MEAN income here in El Paso is $270 a week....no problem....
here in 'sweatshop' land the Mean income is $270 a week, we got noth'n to worry about... whats all the fuss about???
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-22-03 07:24 AM
Response to Original message
4. $425.00 per week as the threshhold
Edited on Tue Jul-22-03 07:24 AM by SoCalDem
works out to $10.63 per hour for a 40 hr week. So is the Labor dept sayiing that $10.63 an hour is the "comfort level" of pay, where you are flush enough that you don't NEED overtime?? Gee maybe that ole minimum wage DOES need "adjusting", Elaine..:evilgrin:

I say let's pay the legislators & department heads $425.00 a week with no overtiime.. That sounds fair to me :)
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sam sarrha Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-22-03 08:04 AM
Response to Reply #4
6. politicians are public servants = oxymoron?
they should be yanked off their high horses and be forced to work for minimum wage, live in public housing, use food stamps, use welfare medical cards for their families health care, and use public transprotation. in about a week we would all be making 6 figure incomes and riding the metro limo.
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thom1102 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-22-03 07:26 AM
Response to Original message
5. I am surprised organized labor
hasn't organized a nationwide strike in protest.
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German-Lefty Donating Member (568 posts) Send PM | Profile | Ignore Thu Jul-24-03 07:47 AM
Response to Reply #5
12. US has organized labor? Yeah right.
Sure you've got unions but they just take care of thier own. They make sure all thier union buddies get overtime, health care, job security and nice salaries. What's missing?

Oh yeah, SOLIDARITY for everybody else. A union of port workers doesn't seem to give a crap about the kids at McDonalds.

Personaly I would think it'd be damn cool to have a nation wide strike in protest of things like this, but to have that happen people need to think of themselves as part of a nation, not just individuals in it for themselves.

Divided we fall.
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ikojo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-25-03 08:06 AM
Response to Reply #12
13. What labor movement in the US?
"Oh yeah, SOLIDARITY for everybody else. A union of port workers doesn't seem to give a crap about the kids at McDonalds."

You are so right German-Lefty! A union true to its words would refuse to do business, let alone have a conference or any type of meeting, with a non union business.

The problem with the "labor movement" in the US dates back to Sam Gompers. In order to get the government off his back he agreed to back off the social side of union organizing. He agreed only to strike for better wages and not to challenge capitalism. Still did not keep the government off "labor's" back but that's the deal with the devil he made over 100 years ago.

Another problem is that Americans have this notion that if only they work hard enough they too can become the CEO. Americans do not view themselves as members of a class but more as pre rich...my boat will come in one day. That may be true but for more and more people the boat is a casino.

Unions also do a very poor job of educating their members. All the members hear is that they need wage increases.

I think the organization that comes closest to allying non union and unionized workers and connecting the dots is Jobs with Justice. As a member of JwJ you agree to participate in five actions (mostly demonstrations) in a year.

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porkrind Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-29-03 09:59 PM
Response to Reply #12
14. Even better
maybe they should just make a big deal about VOTING as a block.
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DrGonzoLives Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-22-03 08:19 AM
Response to Original message
7. Disgusting
This is yet another thing the Democrats need to keep people reminded of during the 2004 election.

I like how Administrative is now any work who "has responsibility." Doesn't every fucking worker have responsibility? And Professional - how easy would it be to reclassify the pipefitter with four or more years of experience as "professional" because of on-the-job experience?

These rule changes are pure bullshit.
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ikojo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-03 09:03 PM
Response to Reply #7
8. There was a vote on this issue on July 10
There was a vote in the House of Representatives on July 10, however SEVEN DEMOCRATS did not even vote. The repukes won by a THREE vote margin to support the administration.

One of the NON VOTING DEMOCRATS was that alleged friend of the working person, none other than Tricky Dicky Gephardt of St Louis MO.

I don't know if the link is active but here is something from around July 10

http://clerkweb.house.gov/cgi-bin/vote.exe?year=2003&rollnumber=351

NOT VOTING:
Cramer
Gibbons
Millender-McDonald
Fletcher
Goss
Owens
Fossella
Harman
Payne
Gephardt
Houghton
Sanchez, Loretta


Posted 7/10/2003 6:27 PM =


Today's Top Money Stories

House backs Bush on overtime rules - 6:27 PM

House backs Bush on overtime rules
WASHINGTON (AP) — The House voted=
Thursday to let the
Bush administration move ahead with proposed rules that could stop at least=
644,000
white-collar workers from receiving overtime pay, heeding a White House vet=
o threat
and taking the side of business in its battle against unions.



Lawmakers voted 213-210 to reject a Democratic provision that would have de=
railed
the regulations. Unless Congress prevents it, the proposed rules could take=
effect
later this year.



Senate Democrats had been planning a similar effort to block the regulation=
s. But
with the outcome in the House vote, such an effort in the Senate would seem=
to be
little more than a political statement.



The House vote was a victory for President Bush and Congress' Republican le=
aders.
With the ranks of jobless Americans growing, Democrats are hoping to use Bu=
sh's
stewardship of the still-weak economy in next year's presidential and congr=
essional
elections by arguing that the GOP has inadequately protected workers.



The proposed rules would require overtime — pay equal to one-and-a-half tim=
es the
hourly rate — for as many as 1.3 million additional low-income workers when=
they
work more than 40 hours per week, the department said. Democrats did not op=
pose
that expansion of the number of workers who would get the extra money.



But the department estimates at least 644,000 white-collar workers now requ=
ired to
get overtime would lose it as a result of new definitions of jobs that woul=
d be exempt
from the extra pay. Unions say that figure would actually exceed 8 million.=




The Democratic provision would have blocked any Labor Department regulation=
s that
would deprive workers of overtime pay they already receive. They offered it=
as an
amendment to a bill providing $138 billion for labor, education and health =
programs
next year.



"Overtime is not a luxury, it is a necessity for millions of American famil=
ies," said Rep.
George Miller, D-Calif., one of the amendment's sponsors.



Republicans said the new Labor Department rules would clarify confusing reg=
ulations
and reduce the growing number of lawsuits by workers seeking overtime.



"The only winners under this amendment are the trial lawyers," said Rep. Ch=
arles
Norwood, R-Ga.



In a statement, the White House said the proposal would help 1.3 million lo=
w-wage
workers by changing "outdated overtime laws" and threatened a Bush veto of =
the
spending bill if the House voted to block the rules. Administration officia=
ls calling
lawmakers in search of votes included Labor Secretary Elaine Chao.



"I listened to her as a courtesy, but my mind was made up," said Rep. Sherw=
ood
Boehlert, R-N.Y., a moderate who said he would vote to block the regulation=
s.



The overtime fight loomed as one of the year's major issues for both labor =
and
corporate America, and no one was pulling their punches.



Both sides sent lobbyists to the Capitol and barraged lawmakers with phone =
calls, e-
mails and letters. Both sides promised to include the vote among those they=
tally at
election time to rate whether legislators are sympathetic to their causes. =
Among the
groups working the issue were the AFL-CIO, the National Federation of Indep=
endent
Business, the National Restaurant Association and the International Union o=
f Police
Associations.



Wavering lawmakers fell largely into two categories: moderate Northeast Rep=
ublicans
from districts with a heavy union presence, and conservative Southern and W=
estern
Democrats.



The new rules, proposed in March, would require overtime for workers earnin=
g up to
$22,100 a year, up from the current ceiling of $8,060 set in 1975.



Numerous other changes would also be made in the complex regulations, inclu=
ding
definitions of which administrative, professional and executive jobs qualif=
y for
overtime. Those definitions have not been overhauled since 1949 and list de=
funct
jobs like straw bosses and gang leaders.



Businesses have complained they must pay overtime to well-paid workers and =
are
being deluged by lawsuits from workers demanding overtime. Unions say the n=
ew
rules would let employers stop paying overtime to workers including license=
d
practical nurses, paralegals, chefs, editors and dental hygienists — though=
it would
not affect those covered by union contracts.



Last month, House GOP leaders unable to round up enough votes had to abrupt=
ly
yank a bill from the schedule that would have let workers choose between ov=
ertime
pay and compensatory time off. Unions opposed that measure as a ploy to und=
ermine
the overtime many workers rely on, while supporters said it would give empl=
oyees a
choice.



The overall bill the House considered would provide a 2.7% increase over th=
is year's
total in the largest of the 11 annual domestic spending measures Congress c=
onsiders
every year.



The bill would provide modest increases over last year for low-income schoo=
l
districts, AIDS treatment, Head Start, job training and biomedical research=
at the
National Institutes of Health. Democrats said the boosts were inadequate an=
d fell
below amounts promised in earlier high-profile bills, and said the GOP had =

squandered money instead for tax cuts.



"Who does this Republican leadership report to? Certainly not the American =
public,"
said Rep. Sherrod Brown, D-Ohio.
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JPace Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-03 10:19 PM
Response to Original message
9. How will this effect social security benefits?
If people make less in cash and are taxed less on
their FICA won't this result in less
money available for their retirement?
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-23-03 11:55 PM
Response to Reply #9
10. It would have to affect it
We are dealing with very devious people...and don;t forget that lots of legislation is written by lobbyists legal teams..:(

Our so-called representatives are not on our side...ever...even when they pretend to be:(
They are NOT working for us..they are working AGAINST us..:(:(
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ikojo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-24-03 06:53 AM
Response to Reply #10
11. Tricky Dicky Gephardt and the DLC
SoCalDem you are so right! I sent Tricky Dicky Gephardt an e mail criticizing him for not even voting. In return I received a form letter stating that he supports overtime pay and blah, blah, blah. He even had the gall (well I should say b*lls) to reference the July 10 vote in the House of "Representatives" that he didn't even vote on (of course he neglected to say that in his letter)! When I have time I will transcribe the entire letter. Even though it is a form letter I think it's important that all on the DU see Tricky Dicky Gephardt for the DLC inspired HYPOCRITE that he is.

I wrote a letter to the editor of the St Louis Post Disgrace on July 11 and it was published in the Sunday, July 14 edition and I am sure read by many.

DUMP GEPHARDT NOW!
Just say NO to the DLC!!

I would also like to point out that a couple of years ago there was a cover article in the New Republic entitled "How the DLC buried Liberalism(or something along that line)" On the cover was a characature of LIEberman and Gephardt and the letters DLC presiding over a casket with the world liberal inside. Very interesting article that documented the intentional shifting of the Democratic party away from the interests of working people and minorities toward the interests of big business. All of this led by LIEberman and Gephardt.
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