April 26, 2003
Boy, there is no shortage of creatively terrible ideas from the
Republican Party these days. Those folks are just full of notions
about how to make people's lives worse - one horrible idea after another
bursting out likepopcorn, and all of them with these sickeningly cute names
attached to them. Consider the Family Time and Workplace Flexibility Act
(Senate version) and the Family Time Flexibility Act (House version).
The Bush administration is leading the charge with proposed new rules that
will erode the 40-hour workweek and affect more than 80 million workers now
protected by the Fair Labor Standards Act.
To hear the Republicans tell it, you'd think these were family-friendly
bills, something like Clinton's Family Leave Act, designed to help you
balance the difficult combined demands of work and family. With such a
smarm of butter over their visages do the Republicans go on about the
joys of "flexibility" and "freedom of choice" that you would have to read
the bills for maybe 30 seconds before figuring out they're about repealing
the 40-hour workweek and ending overtime.
As The American Prospect magazine notes, when Republicans talk about
"flexibility," it means letting business do whatever it wants without
standards, mandates or worker and consumer rights. Ever since FDR's New
Deal, working overtime gets you time and a half in money, which has the
happy effect of holding the workweek down to 40 hours - or at least
preventing it from ballooning grossly.
The proposed Bush rules, which the two Republican bills codify and
expand, would:
Exclude previously protected workers who were entitled to overtime by
reclassifying them as managers. Companies are already using this ploy when
they can. Say you're frying burgers on the night shift at McDonald's,
making overtime, and suddenly - congratulations - you're the assistant night
manager, with no raise and no overtime.
Eliminate certain middle-income workers from overtime protections by
adding an income limit, above which workers no longer qualify for
overtime. You like that? You make too much to earn overtime.
Remove overtime protection from large numbers of workers in aerospace,
defense, health care, high tech and other industries.
Pay attention, this one is coming right out of your paycheck.
Big Bidness is lobbying hard on these bills. If you work overtime to pay
your bills, look out. The trick is, employers get to substitute comp time
for overtime, and the employers get the right to decide when - or even
if - a worker gets to take his or her comp time. The legislation provides no
meaningful protection against employers requiring workers to take time off
instead of cash and no protection against employers assigning overtime
only to workers who agree to take time instead of cash. Everybody gets
screwed on this one, except the bosses. Isn't it lovely?
The proposed rules changes and the Republican bills provide a strong
financial incentive for employers to lengthen the workweek, on top of an
already staggering load. By 1999, in one decade, the average work year had
expanded by 184 hours, according to Kevin Phillips' book "Wealth and
Democracy."He writes, "The Bureau of Labor Statistics reports that the
typical American works 350 hours more per year than the typical European,
the equivalent of nine work weeks."
The bills give employers a new right to delay paying any wages for
overtime work for as long as 13 months. According to an analysis by the
Economic Policy Institute, under the new bills an employee who works
overtime hours in a given week might not receive any pay or time off for
that work until more than a year later, at the employer's discretion.
"Without receiving interest or security, the employees in essence lend
their overtime pay to the employers in the hope of getting back some time
later as paid time off," the report states. "Employees' overtime
compensation is put at risk of loss in the event of business failure and
closure, bankruptcy or fraud. Furthermore, employees get no guarantee of
time off when they want or need it."
The EPI explains why Big Bidness loves these bills: "A company with
200,000 FLSA-covered employees might get 160 free hours at $7 an hour from
each of them [160 hours is the maximum allowed under the bills]. That's
the equivalent of $224 million that the company wouldn't have to pay its
workers for up to a year after the worker has earned it. Considering that,
under normal circumstances, the employer might have to pay 6 percent interest
for a commercial loan of this magnitude, it could save $13 million by relying
on comp time to `borrow' from its employees instead."
The slick marketing and smoke on this one are a wonder to behold. We're
being told that private sector workers will get the same "benefit" of comp
time as public employees. Wow, keen, except the government has no profit
motive for pushing comp time instead of overtime. Boy, does this stink.
Molly Ivins is a syndicated writer in Texas.
Copyright 2003, Hartford Courant