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View Diary: Shock Doctrine: While RW screams conspiracy theories House GOP votes to END OVERTIME PAY for workers (177 comments)

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  •  It doesn't say that. Did you read the bill? (0+ / 0-)

    The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

    by SpamNunn on Tue May 14, 2013 at 02:22:27 PM PDT

    [ Parent ]

    •  Oh, for fuck's sake (8+ / 0-)

      the deliberate obtuse around here is jaw-dropping in its current, Tea-Party-like incarnation.

      No, it doesn't say that. Yes, I read the bill. Here it is.

      Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:

          ‘(s) Compensatory Time Off for Private Employees-

              ‘(1) GENERAL RULE- An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section.

              ‘(2) CONDITIONS- An employer may provide compensatory time to employees under paragraph (1)(A) only if such time is provided in accordance with--

                  ‘(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or

                  ‘(B) in the case of employees who are not represented by a labor organization that has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)--

                      ‘(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and

                      ‘(ii) entered into knowingly and voluntarily by such employees and not as a condition of employment.

              No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1,000 hours for the employee’s employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off.

      Let's be completely clear. What this says in so many words but does not say outright  is that an Employer does not have to pay you fucking overtime. You can work more than 40 hours and he does not have to pay you OT wages.

      Do you support that? Because if you do, you are a sorry excuse for a Democrat.

      "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

      by lunachickie on Tue May 14, 2013 at 02:40:47 PM PDT

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      •  I didn't think he was a Democrat (3+ / 0-)

        I have never seen a progressive post out of him yet.

        or her, who knows.......

      •  Try again. (0+ / 0-)
        An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used

        The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

        by SpamNunn on Tue May 14, 2013 at 03:44:52 PM PDT

        [ Parent ]

        •  No, you try again (1+ / 0-)
          Recommended by:
          MKSinSA

          Care to point out the exact verbiage that requires the employer to comply with that request?

          "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

          by lunachickie on Tue May 14, 2013 at 04:28:11 PM PDT

          [ Parent ]

          •  Certainly (1+ / 0-)
            Recommended by:
            MKSinSA

            This:

            (4) PRIVATE EMPLOYER ACTIONS- An employer that provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of--

                            ‘(A) interfering with such employee’s rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or

                            ‘(B) requiring any employee to use such compensatory time.

            and this"
            SEC. 3. REMEDIES.

                Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended--

                    (1) in subsection (b), by striking ‘(b) Any employer’ and inserting ‘(b) Except as provided in subsection (f), any employer’; and

                    (2) by adding at the end the following:

                    ‘(f) An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.’.

            Anything else I can help you with?

            The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

            by SpamNunn on Tue May 14, 2013 at 04:34:26 PM PDT

            [ Parent ]

            •  Yeah, you can. (4+ / 0-)

              nowhere does this compel the employer to PAY OVERTIME WAGES.

              It says:

              shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of--

                              ‘(A) interfering with such employee’s rights under this subsection to request or not request compensatory time off

              In other words, the employer cannot tell the employee he can't request it.

              And while you're at it, tell us EXACTLY HOW the employee should "collect" under this pile of verbal diarrhea:

              ‘(f) An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.’.
              You can admit you're full of shit, for starters. Nowhere does this compel an employer to actually PAY overtime WAGES. The closest it comes is to say "liquidated damages", which infers that the employee has to sue to get said damages.

              So try again. If you're going to continue to insist it says something it doesn't, you'll continue to be lying.

              "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

              by lunachickie on Tue May 14, 2013 at 04:50:38 PM PDT

              [ Parent ]

            •  I didn't think you could (2+ / 0-)
              Recommended by:
              jbsoul, cassidy3

              show exactly where an employer is compelled to pay OT wages.

              Because the language used does not compel that.  

              I'd like to see the person who rec'd you show this, since you can't.

              "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

              by lunachickie on Tue May 14, 2013 at 06:08:39 PM PDT

              [ Parent ]

              •  I can't teach you to read within the constraints (0+ / 0-)

                of a comment box, especially when you don't want to learn.   You have decided it means what you think it means.  End of dialogue.

                The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

                by SpamNunn on Tue May 14, 2013 at 06:12:49 PM PDT

                [ Parent ]

                •  Yeah, I didn't think you could (1+ / 0-)
                  Recommended by:
                  jbsoul

                  why bother continuing to jerk off in a thread you've had your ass handed to you in? Run away, little spammer. Just run away....

                  "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

                  by lunachickie on Tue May 14, 2013 at 06:14:34 PM PDT

                  [ Parent ]

                  •  The obligation to pay wages is not an obligation (0+ / 0-)

                    that is addressed in this law, which only permits an employee to request comp time in lieu of wages.   The obligation to pay wages for time worked is addressed in other laws and regulations.   I can't show you, in the text of the law, where the obligation to pay an employee wages for time worked arises. It's not there.   I shouldn't have to show you that, as no one can seriously question whether or not you are entitled to be paid for your work.

                    The law says that the employer may not require the employee to make the choice to take comp time in lieu of wages.  If the employee rescinds a request to take comp time in lieu of compensation, the law expressly states that the employer must pay the employee.  

                    You are quite rude and ignorant.   Now, I will run away, swiftly, as I chose not to interact with you anymore.

                    The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

                    by SpamNunn on Tue May 14, 2013 at 06:24:32 PM PDT

                    [ Parent ]

                    •  Of course you can't! (0+ / 0-)

                      Yet you insisted that is what it said. So you lied and/or you were wrong.

                      And now you're really going away this time.  Right?

                      "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

                      by lunachickie on Tue May 14, 2013 at 06:31:42 PM PDT

                      [ Parent ]

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