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You've designated me as a professional meaning that if I make more than $23,661 I'm not eligible for overtime pay. Back when the Fair Labor Standards Act was written in 1938 upper level corporate executives were making $23,660 or more. Lou Gehrig was making $30K and Jo DiMaggio was making $25K.
In 2016 President Obama signed an executive order raising the overtime eligibility floor to $47K. What this means is that if you made less than $47K you could not be gyped out of overtime pay as enacted by the Fair Labor Standards Act of 1938. What FLSA gives you is time and a half for all hours worked in excess of 40 hours a week. In December of 2016 a Republican judge struck the executive order down offering a lame reason why.
The time has come to update FLSA to consider inflation. Call your Senators and Representatives at the federal and state levels and ask them to make the salary floor $47K when considering overtime eligibility.
It's time for the Democrats to stop playing dead which they seem to be good at.
The hyperinflation of the nineteen eighties has made the $23,660 floor a sad joke. Right now the joke is on you.
Get a better paying job with no overtime. That's the best short term solution.
You are completely missing my point. What I'm saying here is that FLSA has included an exempt from overtime provision that was once meant for well paid executives, not the rank and file.
FLSA needs updating to reflect its original intent.
You are completely missing my point. What I'm saying here is that FLSA has included an exempt from overtime provision that was once meant for well paid executives, not the rank and file.
FLSA needs updating to reflect its original intent.
No, I understand your point. My point is are people to wait until a new law is passed to get what they need to live? Advocate for a new law but in the meantime, pursue what you want on an individual, personal level.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Quote:
Originally Posted by Tonyafd
You are completely missing my point. What I'm saying here is that FLSA has included an exempt from overtime provision that was once meant for well paid executives, not the rank and file.
FLSA needs updating to reflect its original intent.
The origin of FLSA in 1938 was meant to provide overtime pay for working more than 40 hours and to prevent oppressive child labor. If you want to go back to the original intent, you should be aware that it did not apply to retail, services, agricultural, or construction workers. They were not subject to the minimum wage until years later.
The base salary to be exempt from overtime is just one small part of the test, and provides for management to be paid on the body of work rather than the hours worked. As an exempt manager I rarely work more than 40 hours, and do not have to account for my time and use PTO if I happen to come in late or leave early, as long as my work gets done. If an employer is taking advantage and avoiding overtime by making low pay people exempt that are not supervisors or managers or otherwise don't meet the requirements, you can report them, or look for another job. The biggest opportunity for abuse is in the fast food and retail businesses where the "supervisors" make barely more than the people they supervise. As long as they meet the requirements, however, nothing can be done short of changing the minimum pay level. Should that happen, you can bet that these companies would reduce their number of supervisors and make them work longer hours for that higher pay. They are, after all, ion business to make money.
It seems that the Democrats pay attention to small groups of disenfranchised voters. All of these groups together probably don't total more than 5% of the electorate. The Democrats need a united message which affirms the New Deal.
The New Deal is under attack from many quarters, most of them Republican some from the billionaires.
We need to update the Fair Labor Standards Act to pay people for the overtime that they do for their corporate masters. We need to elect a congress which will make laws which will restore workers rights and will survive judicial review.
I blame Democrats for establishing their little fiefdoms thereby neglecting those who are suffering because the New Deal is evolving out of existence.
It seems that the Democrats pay attention to small groups of disenfranchised voters. All of these groups together probably don't total more than 5% of the electorate. The Democrats need a united message which affirms the New Deal.
The New Deal is under attack from many quarters, most of them Republican some from the billionaires.
We need to update the Fair Labor Standards Act to pay people for the overtime that they do for their corporate masters. We need to elect a congress which will make laws which will restore workers rights and will survive judicial review.
I blame Democrats for establishing their little fiefdoms thereby neglecting those who are suffering because the New Deal is evolving out of existence.
The New Deal was enacted ~85 years ago. I don't know why we are discussing 1930s era legislation in the 2010s.
The legit point from this discussion is that federally defined poverty levels should be redefined as they have not kept pace with inflation. That's an inherent flaw with government and heavy handed regulation is that the government can't keep pace with the marketplace.
Because it's that framework that is being dismantled.
Quote:
Originally Posted by RJ312
The New Deal was enacted ~85 years ago. I don't know why we are discussing 1930s era legislation in the 2010s.
The Fair Labor Standards Act of 1938 was part of the New Deal. When Pres. Obama attempted to raise the minimum salary overtime eligibility level to 47K, it was the Fair Labor Standards Act that was being changed by executive order.
There are two Supreme court cases that are being decided during this Supreme Court cycle that are relevant to your question. The first is a case which was decided on Monday and overrules the National Labor Relations Act of 1935. The second court case will decide whether non union members must pay union fees when they are indirect beneficiaries of collective bargaining. The National Labor Relations Act is sited as Janus v. AFSCME.
The Republican speaker of the House has indicated the intention of restructuring Social Security. This restructuring that the Republicans are discussing would most likely reduce benefits and reduce the 6.2% requirement that corporations must match per employee. This would change the Social Security Act of 1935.
Fair Labor Standards Act of 1938
National Labor Relations Act of 1935
Social Security Act of 1935
............... all established as part of the New Deal
As you can see the Republican party currently has a political trifecta and is working hard to demolish laws that were designed to make life and employment in the United States tolerable.
The time has come to update FLSA to consider inflation. Call your Senators and Representatives at the federal and state levels and ask them to make the salary floor $47K when considering overtime eligibility.
It's time for the Democrats to stop playing dead which they seem to be good at.
The hyperinflation of the nineteen eighties has made the $23,660 floor a sad joke. Right now the joke is on you.
Questions?
This is why I enjoy being hourly. I can choose to work OT or not.
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Because it's that framework that is being dismantled.
