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Overtime Rules Menace Workers Nationwide

May 30, 2003

A push by Congress and the U.S. Department of Labor to make sweeping changes in the federal rules governing overtime pay is gathering steam. The congressional legislation and proposed DOL rule would threaten the paychecks of millions of workers across a wide spectrum of occupations.

Bills in both the House of Representatives and Senate have strong support from the Republican leadership. Business groups are lobbying hard for the measures, although a core group of moderate Republicans have resisted. Both bills would allow employers to offer compensatory time off to workers in place of normal time-and-a-half overtime pay. If Republican leaders can line up the required "yes" votes, the House will likely vote on its legislation in June. Senate action is uncertain.

Legislation in Congress is on a dual track with activity at the DOL. Rep. George Miller (D-California) called the DOL proposal the "broadest and most serious threat to the overtime law since its enactment.

"The proposed regulations redefine the overtime exemptions in a manner that may result in millions of middle-class Americans losing their right to overtime pay," Miller said. "This amounts to a massive transfer of wealth directly from the pockets of middle-class workers to the pockets of employers. The Administration is not only proposing to diminish the wages of working families, they are stealing time as well."

Currently, most workers are covered by the FLSA overtime regulations. If they work more than 40 hours in one week, they are eligible for time and one-half pay. Under the proposed rule change, workers in a wide range of occupations such as firefighters, police officers, nurses, retail clerks, medical technicians, military reservists and tech workers would no longer be eligible for overtime pay. Under this plan, these workers can still be required to work over the 40-hour limit, but they would not be paid. Changes to the FLSA, which established the 40-hour workweek, could take effect as soon as September. Between now and June 30, the DOL is accepting public comments on the proposal to cut overtime pay, reduce overtime protections and cut the take-home pay of millions of Americas workers. Click here to submit your letter of opposition.

The IBEW is also encouraging members to E-mail their congressional representatives to ask them to oppose the anti-worker legislation. Click here to E-mail your member of Congress through the IBEW Congressional Action Center.

For more details on the proposed rules and legislation, click here to read an earlier article posted on the IBEW online.

Bush Proposes Changing Federal Overtime Rules...April 2, 2003

Overtime Pay...U.S. Department of Labor

The Dark Side of Wal-Mart...April 2003 Journal