The
warnings are coming loud and clear: If employers are required to pay
for work done, bad things will happen.
President
Obama has issued an executive order, effective this week, that will
require that salaried workers be paid the overtime rate if they work
more than 40 hours a week, if they earn up to an annual rate of
$47,476. Until yesterday, salaried workers could earn as little as
$23,660 and not have to be paid any overtime, no matter how many
hours above 40 hours a week.
For
decades, employers have had a field day with that ploy. They could
call a worker a manager, say he or she was salaried, and pay no
overtime. This mechanism in the law allowed companies to save
themselves billions of dollars over the years and, considering how
many years this has been going on, it’s probably hundreds of
billions of dollars.
Seeing
the injustice of this and knowing that the Congress would not do
anything to relieve workers of their burden of unpaid overtime, Obama
ordered a new regulation by the U.S. Labor Department that provided
overtime pay for millions of workers who have been historically
underpaid for the work they did.
Business
trade groups immediately jumped in, saying that harm would come to
both workers and their employers under the new Labor Department rule.
The National Retail Federation’s David French told the New
York Times, “This is an extreme revision in the white-collar
threshold. By executive fiat, the Department of Labor is effectively
demoting millions of workers.”
The
business community’s rationale is stunning. When was it ever a
demotion to be paid for the work you do, especially if you have been
unpaid for all of that work for so many years? It is the same
argument that Corporate America has opposed every attempt to
raise the minimum wage, anywhere, whether it would be by Congress or
state legislatures, or city councils.
You
would think that the sky actually was falling and they haul out the
same flawed or erroneous “studies” to show that jobs
would be lost and businesses would be closed if the minimum wage were
raised. The same is true of the overtime for salaried workers.
Many studies over many years have shown that raising the minimum wage
had little effect on individuals or their jobs or in the number of
jobs, in general.
In
reality, it is a loophole in the country’s labor laws that
allowed employers to work their “managers” for as long as
they wish in the course of a week, without having to pay for that
work. And, it has been a matter of semantics. The company can
call someone a manager, yet not give that person any authority to act
as a manager (the power to hire and fire or to effectively recommend,
for starters).
It
is like calling workers “associates” (Wal-Mart, for one)
or “partners.” If it’s all the same to CEOs
everywhere, we’ll just call them workers.
The
annual cutoff for overtime until this week was $23,660, which comes
out to $11.38 an hour. For that low wage, employers were allowed to
call the worker a manager and salaried and pay no overtime at
time-and-a-half. After yesterday, the cutoff is $47,476 and the
hourly rate for that level of annual income is $22.83. If a company
is going to say a worker is salaried, at least the rate of pay is
more in line with a manager of some kind, whether low or mid-level.
When
Vice President Joe Biden went to Ohio this week to highlight the
rules and offer a rationale for the change, he was quoted by the
Times as saying, “The middle class is getting clobbered. If
you work overtime, you should actually get paid for working overtime.
For the past 40 years, overtime protections have been
increasingly weakened.”
The
new rule, opponents argue, could cost billions of dollars and
undermine the morale of workers who would have to keep control of the
number of hours worked in excess of 40 hours every week. And, the
argument goes, they would be demoralized by their having been
“demoted” to the category of “hourly worker,”
rather than “salaried” worker. It has been our
experience that, for an extra $30 or $50 or $100 a week in overtime
pay, most workers would be able to suffer with the “demotion”
to hourly worker.
Corporate
America and all of its constituent trade and other organizations are
hoping that Republicans in Congress will stymie this rule, when it
comes up for review before their committees, but this is no ordinary
year. Republicans are in disarray and some political observers have
said we are witnessing the collapse of a political party, with much
of the GOP standing in opposition to the candidate who has won most
of the primary elections and is considered the nominee of their
party.
They
hardly have time to continue their war on wage-working men and women
or even beat them soundly over an issue such as overtime pay for
“salaried” workers. The GOP and its deep-pocketed
billionaire and centi-millionaire backers have done that for the last
half-century. Their unfettered reign might be coming to an end, as
evidenced by the kind of response that young people have had toward a
“political revolution” in this year’s presidential
primary elections. That “revolution” has had a great
effect on the young in the body politic and they are looking at the
sorry state of U.S. politics, the economy, and the society, in
general.
It
surely would be better if the overtime issue had been resolved in the
workplaces of America, through effective unions, but, when the
chips are down, as they are for workers in the U.S., an improvement
in their lives by administrative action will just have to do, until
the war on workers by the rich and their minions in government is
brought to a halt by the action of millions of those same workers.
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