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New Overtime Rules Have Short Shelf Life

rwiedower writes "So the House just voted to scrap the new overtime rules that went into effect August 23. The vote was 223-193. Were the new rules designed to shaft IT workers from getting overtime? Or were they merely designed to streamline outdated rules?"

30 of 501 comments (clear)

  1. Not Scrapped Yet... by Kr3m3Puff · · Score: 5, Insightful

    If you actually read the article, it says that the House only put an admendment into the Spending bill and that the Senate might very well remove it before it gets to the President. So it is far from scrapped, so don't go looking to your boss for your overtime yet...

    --
    D.O.U.O.S.V.A.V.V.M.
    1. Re:Not Scrapped Yet... by Phillup · · Score: 4, Funny
      so don't go looking to your boss for your overtime yet...

      Found the solution to that a long time ago:
      They pretend to pay me. I pretend to work.
      ;-)
      --

      --Phillip

      Can you say BIRTH TAX
    2. Re:Not Scrapped Yet... by Squareball · · Score: 4, Insightful

      I look to ONLY my boss for overtime... not the government. No government should have a right to tell my boss what he must pay me or not pay me. My employment is an agreement between me and my employer. It is a contract I enter into with my employer. The government has no right to interfere with this.

      So yeah, scrap the law, get rid of all of these types of laws. Get the government out!

    3. Re:Not Scrapped Yet... by ConceptJunkie · · Score: 4, Interesting

      Yeah, you said it. This is all nonsense. I thought this kind of thing was what unions are for (at least in theory *cough* *cough*). It's just like minimum wage laws. People think you can crank up the minimum wage and the money just materializes out of thin air. Somehow the idea of people losing jobs because of it, as well as paying higher prices (which hurts most those very people the law is supposed to help) doesn't seem to cross their minds. Meanwhile, laws make it harder and harder to get rid of employees without risking legal action, so the employees you are paying more for go down in quality, because there's less incentive to be productive and/or compete. Our communist friends took this to its logical conclusion but apparently could never see that its failure was inevitable.

      I can appreciate that low income employees don't have much leverage, but I'm so sick of hearing the endless litany of regulations being passed. How long will it be until the rules are so complex that no one can understand them all and law enforcement can prosecute people at random because everyone's guilty of something if you look hard enough?

      Oh, wait, that's already happened.

      --
      You are in a maze of twisty little passages, all alike.
    4. Re:Not Scrapped Yet... by iCEBaLM · · Score: 4, Interesting

      This is not true. Safty concerns cause governments to regulate working hours. You want bigrig truck drivers on the road 16-20 hours at a time, falling asleep and causing accidents? You want to work with a 12 hour shift forklift operator who's getting tired making mistakes handling heavy skids?

      IT is not immune either, the more time at the keyboard the quicker your wrists will degrade. You don't want the state to have to pay more for your, and everyone elses, medicare just because you worked 2 hours more a shift for 25 years, do you?

      Safty First.

    5. Re:Not Scrapped Yet... by b!arg · · Score: 4, Insightful

      That's easy to say now. Try back in the early 1900's or for that matter in other developing countries today. Take your libertarian crap to Easter Island.

      --

      Everybody dies frustrated and sad and that is beautiful
    6. Re:Not Scrapped Yet... by Monkelectric · · Score: 4, Interesting

      Um, what if your boss, and all the other bosses, say, "work overtime for free." Or, what if, companies like walmart LOCK THEIR EMPLOYEES IN to get them to work overtime for free?

      --

      Religion is a gateway psychosis. -- Dave Foley

    7. Re:Not Scrapped Yet... by akajerry · · Score: 4, Insightful


      Well democracy can be though of as the ultimate union. The people of this country, through their elected representatives, voted themselves certain minimum requirements in their employment contracts with all employers. Among some of these requirements are minimum wage, unemployment insurance, overtime, family and medical leave, etc.

      Even in the most union freindly environment, which certainly does not describe the current state of employment law or the enforcement there of, is it not possible for all workers to belong to a unions; the growing number of self-employed are a good example. Thus the government needs to set some levels of protection for these workers who do not have sufficient bargining power by themselves or through collective bargining organizations.

    8. Re:Not Scrapped Yet... by node+3 · · Score: 4, Insightful

      How long will it be until the rules are so complex that no one can understand them all and law enforcement can prosecute people at random because everyone's guilty of something if you look hard enough?

      Slippery slope is a fallacious argument.

      That argument is identical to "It's cold, but don't turn up the thermostat, or next thing you know we'll all be cooked!" which ignores the fact that an equilibrium is often reached around 65-70 degrees.

      "Judges can't show the 10 Commandments? Next thing you know they'll sneak into your house and take your Bibles!"

      "Gay marriages? Next thing they'll demand the right to marry their pets!"

      Give me a break.

  2. I'm still waiting by chrisgeleven · · Score: 4, Funny

    For us Slashdot members who spend 40+ hours a week posting on Slashdot to qualify under these overtime rules.

    1. Re:I'm still waiting by ravenspear · · Score: 4, Funny

      Since you only have 93 total comments, how would that category apply to you?

  3. It's All A Mystery... by ackthpt · · Score: 5, Insightful
    Overtime?

    Oh.... that's what employers expect you to give voluntarily!

    I remember years ago doing that, when I really loved my work and didn't care. Besides, I liked all the cool stuff I got to play with and the really neat server and top of the line PC on my desk with a spifftacular monitor and video card and even a cordless mouse. Then something happened, they realized I would do anything they wanted as along as I had the toys. Eventually I put in 16-18 hours days and began wrecking my health and I wouldn't qualify for any extra pay anyway because I was salaried, not hourly. The expectations piled up with the work load and I found I had scant time left to experience the joys of doing neat projects or learning new tools and languages after work, because I was burning out big time. Then they outsourced the jobs and said, "It was a good thing, win-win" Well, that might have been true because the contractor, if they signed me, wouldn't allow their employee to be treated like I had without them getting some really fat zorkmids for the above and beyond. I didn't sign with them and left.

    Now it's kinda back to the old thing, hourly and no budget for overtime so don't ask for it, but if something really does need to get done???

    BTW we don't have a lot of positions here where you'd get overtime or benefits for that matter as many are 4 hours/day, which even with a little overage wouldn't hit the 32 hours where benefits are required to be given. (Rhetorical question-<)The real puzzle is, why can't we find good workers?

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:It's All A Mystery... by servognome · · Score: 4, Insightful

      Because there are some jobs that you can't quantify in hours. It's not like, spend 8 hours answering phones all day. How long does it take to invent something? How long does it take to manage? If I think about a problem at home can I charge my company?
      I don't mind salary system, some days I work more, some days I work less than 8 hours (usually work more, but I enjoy my job). Last week most of the exempt employees took off at lunchtime in anticipation for the holiday weekend. The hourly had to stay working until the clock hit 5.
      There are also situations where salaried employees get overtime because its the expection of their job, like supervisors for 12 hour shift employees.
      The system isn't all that bad, but it does require more from the employee to demand expectations up front (so they don't keep loading you with projects) and to ensure they are managing their own time wisely.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    2. Re:It's All A Mystery... by EtherMonkey · · Score: 5, Informative

      Salaried means that you get paid the same fixed ammount no matter how much you work, whether it be 10 hours a week or 100. Of course what ends up happening is that they shovel so much work on you to do that you end up having to work more than 40 hours a week to do what is expected of you, otherwise you get fired.

      No, that is not necessarily true. Whether you are exempt from overtime really depends on how much self-determinism and supervision goes with your job. If get to select your own assignments and deadlines, are essentially allowed to work on your own with little supervision, do not have to meet any production quotas or work on a rigid schedule, then you are probably exempt from overtime.

      However, if your supervisor assigns you projects with deadlines, or requires to you record your time and can penalize you for failing to meet a minimum quota, or you are required to be "at work" according to a fixed schedule, then you are probably NOT exempt from overtime.

      I suggest you read Overtime Pay Requirements of the FLSA before wrongfully concluding whether you are exempt or not.
      --
      --- A man with a briefcase can steal more money, than any man with a gun. [Don Henley]
  4. They did it in Ontario too by ShawnX · · Score: 4, Interesting

    It happened in Ontario in 2002, they took away IT professionals ability to get overtime and other exceptions and nobody seemed to have cared :(

    If anyone is in Ontario, is a geek, and in IT we must repeal the 2002 regulations putting IT into slave labour jobs!

    --
    Everyone wants a Tux in their life.
  5. IMHO by Auckerman · · Score: 4, Insightful

    If technology workers unionized, they could use collective bargining to get overtime via contract. Funny, one mentions unions to tech people and the techs cringe. My how workers view of themselves has changed.

    --

    Burn Hollywood Burn
    1. Re:IMHO by ElForesto · · Score: 4, Interesting

      I usually hate unions, but tech workers are one of those places where push has gone way past coming to shove. IT workers have been abused terribly for a very long time and we can only take so much abuse before we get fed up. So long as the membership isn't compulsory, the union sticks to JUST negotiating labor contracts and the workers keep a sharp eye on both the company AND the union, it just might work.

      --
      There is a difference between "insightful" and "inciteful" other than spelling.
    2. Re:IMHO by Brento · · Score: 4, Insightful

      If technology workers unionized, they could use collective bargining to get overtime via contract.

      Yeah, and it would have saved us from overseas outsourcing! After all, look what it did for the steel industry!

      The steel industry's dying? Oh, well, look how it helped manufacturing!

      No...no, wait, I mean textiles! Look how it saved textile industry workers!

      Help me out here, somebody...

      --
      What's your damage, Heather?
    3. Re:IMHO by Anonymous+Custard · · Score: 4, Insightful

      So break up your union, watch half your friends get fired, then bend over and take a 50% paycut.

      Unions and striking are about standing up to capitalists who have disproportionate power, and unions help prevent the middle class from becoming the lower class.

      If you don't like being in a union, find a job with less troubles.

  6. Affect IT Workers? Not Too Many by TheFlyingGoat · · Score: 4, Insightful

    The only IT workers that I know of that earn hourly wages, and get OT pay as a result, are computer store employees. I guess some interns I know would qualify as well. I think we need a slashdot poll: when was the last time you got overtime pay for an IT job?

    Instead of designating workers as "professional" under the new law and avoiding OT pay, companies can currently just pay a salary. The only difference is that companies will no longer be able to shaft low income workers.

    --
    You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    1. Re:Affect IT Workers? Not Too Many by TheFlyingGoat · · Score: 5, Insightful

      I'm a salary employee who averages around 40 hours a week. When it gets really busy I sometimes work as many as 60 hours. My employer knows this and gives me an extra day off after putting in a long week. It's been slow lately so my boss has allowed me to leave early the past few days. In return, when it gets crazy around there I won't mind having to stay around late or coming in on a Saturday. It's all about having a good relationship with your employer.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
  7. Thats Crap by SavedLinuXgeeK · · Score: 4, Insightful

    Its just because the IT field is an esoteric area and easily targeted. You never hear people try to pass legislation to prevent the plumbers from making overtime, etc. Even though they get a good deal of money per hour, and I'm sure a great deal in overtime. Its basically pick out a job that most people don't understand, and feel they get paid too much. Doesn't make sense to me.

    --
    je suis parce que j'aime
  8. IT workers are beyond unions. by Shivetya · · Score: 4, Insightful

    Unions protect themselves, not employees. A long time ago they did actually protect employees. Now they are all about self preservation and big fat checks to union operatives. A friend of mine is in a union shop, she pays the equivalent of ONE HOUR PER WEEK in dues. What does it get her? She gets to watch lazy good for nothings keep a job they don't deserve or work for. Is that the kind of place you want to work?

    Professional and Union do not belong in the same sentence. If your worried about overtime then don't switch to a job that doesn't have real responsibilities and real deadlines. The people who put the most "overtime" in are already exempt, they are the small businessmen who provide the majority of jobs across the country.

    If you think your employer is being unfair THEN LEAVE! The economy is no where near as bad as when the tech sector crashed. If your immediate skills are not valued then LEARN SOMETHING ELSE. No one is going to get you a job, especially a president or contender.

    Its your responsibility to act. Do it and quit whining. Whining just makes you miserable and annoys the others who are having to put up with you.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  9. Overtime, what's that? by Marxist+Hacker+42 · · Score: 4, Insightful

    Serioiusly, I don't think I've gotten overtime pay approved for any job I've had since getting my college degree- including those jobs where I was on a Salary, carried a pager 24 hours a day, and worked 70 hour weeks.

    If anything, I'd like to see the rules changed to be MORE inclusive- anybody getting a paycheck should have benefits if they work over 32 hours a week and overtime pay for over 40, regardless of who they are and what they do. Even managment deserves this.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  10. Note the change in focus by PCM2 · · Score: 4, Insightful

    When overtime pay was first instituted, it was an attempt to compensate employees in cases where their employers forced them to work long hours. In a sense, it was designed as a disincentive for employers to overwork their employees -- taking time away from their families, burning them out and increasing the potential risk for injury etc. Not only would employees have to be paid for overtime hours (not always a given, in the past), but they'd actually have to be paid more than their regular wage.

    Now look at how this measure is being cast. We want to give employers back their right to overtime pay because they need to work longer hours to make more money. In other words, we're not voting down this reduction in overtime because we think our working people are overtaxed and already work longer hours than any other country in the civilized world (they are). We're voting it down in affirmation of Joe Sixpack's right to work longer hours so he can put food on his table. Meanwhile, what has the government been spending your taxes on lately? My, what a wonderful system we have.

    --
    Breakfast served all day!
  11. Idiots. by Dirtside · · Score: 4, Insightful
    Were the new rules designed to shaft IT workers from getting overtime? Or were they merely designed to streamline outdated rules?
    Right.

    Because those are the only two possibilities.

    For those of you keeping score at home, this is known as a false dichotomy, one of the classic logical fallacies. Basically, you present two options as if they are the only options, when in reality there are one or more other possibilities. A classic example is when a lawyer asks a defendant, "Did you murder John, or do you expect us to believe that he shot himself?" when there's the obvious third possibility that someone else killed John. (Assuming John was found dead of a gunshot wound.)

    A third possibility about the overtime rules, and the most likely answer, is that they were the result of a complex miasma of conflicting goals, much like most of politics. Of course, most people seem to feel a need to simplify these complex situations into some kind of simple either-or choice. Which is retarded.

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  12. Who really wins.... by TastelessGarbage · · Score: 5, Insightful
    If you are wondering whether employees or employers are the bigger beneficiaries from the changes, try to identify a business or trade group that opposes the changes.

    You'll have to work overtime to find one.

    --
    That ain't liver; that's beef kidney!
  13. Management wanted OT... to cut their losses by stomv · · Score: 5, Insightful

    (Too late for mod points)

    Overtime laws exist because businesses wanted them. It came with the 40 hour work week. You see, unions were strong and getting stronger 100 years ago. They were winning 35 hour work weeks. Management pushed for labor protection laws in an effort to cut their losses to unions and to undercut the labor machine by giving them some of what they wanted.

    It worked. Labor unions maintained influence, but haven't been nearly as strong as they would have been had management not made concessions country-wide in the form of overtime laws.

    So... you can thank management for overtime laws, circa 100 years ago. Methinks if overtime laws disapeared, you'd see a surge in union membership... something that I doubt you'd be very interested in.

  14. Regular hours would still be paid by Scud · · Score: 4, Informative

    Check out this site for the actual rules:

    http://www.dol.gov/esa/regs/compliance/whd/fairp ay /main.htm

    And the toll-free number: 1-866-4USWAGE

    Looking at this quote (taken from the fairpay site) it appears that we will only be out the half part of the time-and-a-half. Nowhere does it say that you would not get the straight time portion for the hours that you worked.

    The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek

    I checked with my ex-wife, and she agrees that this is the correct interpretation of the rules. Whether the DOL agrees or not is a different thing...

    For me it's academic, so far I have managed to maintain my goal of zero hours of OT for the year :)

    John

    --
    I dream in binary.
  15. Got to collect the kids at school .. by klang · · Score: 4, Informative

    is maybe the only excuse posible to use in order to avoid working extra hours ..

    I live and work in Denmark and our working conditions are a bit different from the American.

    From the first year I worked (as a programmer) I've had 5 weeks vacation every year. With 3 days extra off to "take care of the kids". The last part has been changed so people without kids can have days off as well .. and the number of days have gone up to 5.

    I do not get paid for doing extra hours, unless I have a specific agreement (from time to time) with the company. Extra hours, "within reason" are included in my salary. So, all I have to do is having an excuse to go home at a reasonable hour every day, thus avoiding extra hours. (dificult at times but it works)

    Fair?

    Well, the company pays my IBM T30 (a few years old now), my DSL line, my land line, and my mobile phone (usage on all included).

    Dental and Health is taken care of by the State and my overall taxes last year was 45%.

    I am not a member of the union, but benefit from the deals they strike anyway. If the company piss on me, I have to let them, unless I become a member and have the union piss back..

    Something rotten in the State of Denmark?

    not really.. :-)