Home of Today's Common Sense

Submitted 8/25
I noted a “Letter to the Editor” from Jacinta Rodgers dated in the Herald dated 8/26 asserting that George Bush passed new labor laws taking away the right of overtime from up to 6 million people middle class Americans. That assertion is patently wrong in almost all parts. George Bush cannot pass any laws only Congress can do that. Thechange in overtime rules is not a change in law but a change in regulation that defines specifically, who is covered by an exemption from the Fair Labor Standards Act of 1938 (amended frequently thru 10/27/1990), already provided for in the law.
Firstly it guarantees that if you earn less than $455 per week you can not be exempted from overtime and if you are a police officers, detective, deputy sheriff, state troopers, highway patrol officer, investigator, inspector, correctional officer, parole or probation officer, park ranger, fire fighters, paramedic, emergency medical technician, ambulance personnel, rescue worker, hazardous material workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work – regardless of salary you must be included!
I suspect that one of the major reasons for the Regulation was to assure overtime to law enforcement and first responders as many have had to sue to collect overtime pay over the years because of a poorly defined exemption.
Additionally, it excludes from overtime guarantees people in non-manual positions, who make more than $100,000, or manage in that they can hire or fire employees, or are in administrative positions related to management and also have decision making authority. Just giving a title doesn’t exclude someone the management authority must also be there.
There is a group of folks that is excluded that troubles me however. They are defined as learned professionals in education science or artistic areas. That means that teachers are not guaranteed overtime and I believe they should get it.
Others that are excluded are Computer Systems Analysts, Programmers and the like that make more than $27.63 per hour and outside sales folks.
More than the actual facts of the overtime rule changes is that a great number of folks think that the President does everything. Laws are only enacted by Congress and all laws relating to taxes and spending originate in the House of Representatives. A President can only approve or veto a law and it can still pass if the Congress overrides the veto.
After a law is on the books the President can affect whether and how the law is enforced or placed into action and even then any changes must be published to the public and a period of comment is given, Only after considering the comment can a regulation become effective.
If you don’t like the law contact your Congressman, I think it was pretty well written to have survived from 1938.