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View Diary: 'Bama RepubliCon Out-A**holes the Rest: "No overtime pay for you." (45 comments)

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  •  The relationship between worker and owner is (7+ / 0-)

    not one with a clean balance of power.

    Pass Roby's law and it sounds as if we are simply opening up the bargaining between a manager and a worker to options beyond a 50% bump in pay, per hour of overtime worked.

    Of course, that isn't what really happens in real life - nor is it the likely intent of the legislation, not withstanding the high-minded language about flexibility, fairness and mutual agreement twixt employer and worker with which it is being sold.

    Most (vast majority) of private industry shops do not have collective bargaining as a counter-balance to the aims and imperatives of owners and managers. One key aim is to lower labor costs - and it is this imperative Roby's bill embraces.

    Post passage a highly likely scenario is this: HR at Company X-Corp informs non-salaried employees of their shiny new "benefit" of compensatory time.

    Some workers might want to take that time in lieu of money, say if they are junior staff who often have smaller vacation or personal day pools from which to draw.

    But, what about a person trying to earn money to keep their family afloat? What if they consistently decline compensatory time? A highly likely outcome is that they find themselves doubly damned. Those willing to take comp time are given preference in scheduling over workers demanding traditional overtime - and there is nothing the worker can do to exercise their right to overtime compensation when they are now no longer scheduled to work the same.

    As for the other provisions in the bill - it caps the number of accumulated compensatory hours at 160 per year, 20 working days. Which, if not used, would be paid back, at a normal rate. So, they were earned at 1.5x rate - thus at least unused days actually get paid back at a rational rate.

    The bill also asserts that any employer coercing a worker to take comp time is subject to double damages. Sound fine, except that the rate at which employers are charged and fined for violations of existing labor laws is a fraction of the occurrence of those violations. This happens for several reasons - insufficient agents and regulators to pursue cases; other, punitive relatiatory actions employers take that are already allowed in law (right to fire for instance - so don't kick up a fuss or you'll be shown the door).

    All in all this legislation undermines a provision of existing law that works for workers - shifting further the balance of power toward owner and manager (owner by proxy).

    •  what is so bad about comp time? (0+ / 0-)

      you get free time at a factor of 1 and 1/2  for overtime.

      Sounds perfectly ok to me.

      The point of overtime legislation is to discourage its use by finacially penalizing it.  That works here, too.

      •  What is so bad about comp time ? (3+ / 0-)
        Recommended by:
        ItsSimpleSimon, JeffW, Dirtandiron

        Some employees desperately need the overtime money to support their families.

                     To be clear,
                      Heather

        Torture is ALWAYS wrong, no matter who is inflicting it on whom.

        by Chacounne on Sun Nov 24, 2013 at 11:41:13 AM PST

        [ Parent ]

        •  They shouldn't. (0+ / 0-)

          the whole point of overtime legislation is to discourage its use.

          The basic assumption of a weekly work time limit is that too many work endangers the health of the employee.  So the legislative intent of overtime laws are to make it expesnsive. The employer rather should hire more people to get the work done.

          The 40 hours limit is there for a reason.

          •  Well, (1+ / 0-)
            Recommended by:
            Dirtandiron

            let me say that as a professional nanny for under three year olds for twelve years I never worked less than 50 hours a week, because the parents always worked for right hours each day, then they needed an hour to leave work and get home.

            Also, as far as not needing the money, apparently you have not worked a minimum wage job, or close to it, and not been able to save for those emergencies like washer repairs, or added expenses like Christmas.

            Also, be aware that there are many others who work hours that are much, much longer than a 40 hour week, like movie crews, where the shooting day is generally 13 hours, and interns and residents, who work 80 hour weeks or so.

            40 hours may be the ideal, but for many it is not the reality.

                                       To be clear,
                                        Heather

            Torture is ALWAYS wrong, no matter who is inflicting it on whom.

            by Chacounne on Sun Nov 24, 2013 at 09:51:16 PM PST

            [ Parent ]

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