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411
New Biden rule would make 4 million white-collar workers eligible for overtime pay (www.usatoday.com)
submitted 6 months ago by [email protected] to c/[email protected]
39 comments fedilink hide all child comments
 

The Biden administration on Tuesday announced a new rule that would make millions of white-collar workers newly eligible for overtime pay.

Starting July 1, the rule would increase the threshold at which executive, administrative and professional employees are exempt from overtime pay to $43,888 from the current $35,568. That change would make an additional 1 million workers eligible to receive time-and-a-half wages for each hour they put in beyond a 40-hour week.

On January 1, the threshold would rise further to $58,656, covering another 3 million workers.

“This rule will restore the promise to workers that if you work more than 40 hours in a week, you should be paid for that time,” Acting Labor Secretary Julie Su said in a statement. “So often, lower-paid salaried workers are doing the same job as their hourly counterparts but are spending more time away from their families for no additional pay. This is unacceptable.”

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[–] [email protected] 98 points 6 months ago (1 children)

Even more important that the one time bump is the very last line of the article:

Starting July 1, 2027, the rule requires Labor to adjust the salary threshold every three years to account for updated wage data.

Rather than having to fight for these things every few years, we need to just tie minimum wage and the overtime floor to CPI. But, that's something the GOP will fight tooth and nail.

[–] [email protected] 21 points 6 months ago (2 children)

Or just not exempt anyone from overtime?

If you're a "manager" and making less than 100k, you're not the problem. You're likely someone who busted their ass for decades already.

But it doesn't matter who it is, if you work overtime you should be paying for it.

All means testing does, is split support for it.

[–] [email protected] 13 points 6 months ago (1 children)

All means testing does, is split support for it.

It also makes it more expensive to implement, because there is bureaucratic labor involved in compliance.

[–] [email protected] 9 points 6 months ago (1 children)

Yep, and guess how a fast food manager making 65k but has to work 80 hours weeks is going to vote when we say we need to raise minimum wage.

I don't get how people don't see this.

The rich will always try to draw the "class warfare line" well below where it needs to be so they have a shot in winning politically.

And the rich aren't just paying off Republican politicians to accomplish that.

[–] [email protected] 1 points 6 months ago

Excellent point. It is important to note that anytime employees stand up to employers, you get no shortage of propaganda trying to shout over the top of the issue that these workers dont deserve to be treated better bc of X, Y, or Z.

Like how when actors or athletes try to get a bigger piece of the pie and u get a throng of poors getting mad at them instead of getting mad at the multibillion dollar corporations that are capable of paying them as much.

[–] [email protected] 3 points 6 months ago (2 children)

A higher paid salary has negotiating power when being asked to work over time. Want me to stay late for a couple days no problem. Want me to work overtime for a couple weeks? Then I need to be paid at least straight time for every hour worked past 40.

So far I haven’t had any issues with this approach. They either pony up or suddenly it’s not that urgent. Have yet to be fired, but I don’t get asked to work overtime unless it’s truly needed now.

[–] [email protected] 6 points 6 months ago

That is nowhere near universal and doesn’t address the fairness issue at all. What’s fair is fair. Your salary is for 40h/wk dedication. No bullshit negotiation every time you’re asked to work more.

[–] [email protected] 2 points 6 months ago (1 children)

Lol

Yeah. All those fast food and Walmart managers have sooooo much bargaining power.

[–] [email protected] -2 points 6 months ago* (last edited 6 months ago) (1 children)

Those fast food and Walmart managers probably don’t make above the threshold, and the ones who do probably set their own hours and delegate down the chain anyway

[–] bdonvr 64 points 6 months ago* (last edited 6 months ago) (4 children)

I'm hourly, work 60 hours per week and get zero overtime.

This is entirely legal because I'm a truck driver.

Actually, I really am an office worker in a trucking company. But I occasionally, like once a month or less, run a short load if they really need me to. That makes me still exempt and is still legal for them to do.

Among other things I also get no sick leave

[–] [email protected] 11 points 6 months ago (1 children)

Merica.

[–] bdonvr 4 points 6 months ago (1 children)

How'd you know?

[–] [email protected] 11 points 6 months ago

You just seemed freer

[–] [email protected] 10 points 6 months ago (1 children)

I’ve been dispatching trucks for a long time and am looking for a new gig. One of my leads required a CDL and now I know the real reason why, if you need dispatchers to drive then you need better dispatchers…or it’s a tax dodge.

[–] bdonvr 6 points 6 months ago

Well they do have dispatchers/supervisors who are salaried, technically my position is "hourly trainer" for new drivers to this location but in reality I help dispatch.

Actually I make more than the salaried supervisors but I work 5 days/12 hours and they work alternating 3/4 days/12 hours so it comes to about the same per hour.

[–] [email protected] 4 points 6 months ago (1 children)

But I occasionally, like once a month or less, run a short load if they really need me to. That makes me still exempt and is still legal for them to do.

That could be illegal, depending on what state you're in. I don't think it's right that laws about this can vary so much from state to state, but the difference can be night and day.

Even if you're in a state that's better about protecting workers, you have to be ready to put up a fight. It can take years, and it's not uncommon for a company to keep doing the same thing after the case is over.

[–] bdonvr 6 points 6 months ago* (last edited 6 months ago)

Nope, the Department of Labor (federal) lays it out pretty clearly.

The employee’s duties must include the performance, either regularly or from time to time, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver’s helper, loader, or mechanic. Employees performing such duties meet the duties requirement of the exemption regardless of the proportion of “safety affecting activities” performed

Emphasis on "regardless of the proportion of "safety affecting activities" performed"

https://www.dol.gov/agencies/whd/fact-sheets/19-flsa-motor-carrier

Unfortunately I live in a VERY "pRo BuSiNeSs" state so they don't have additional requirements for overtime just the federal ones.

[–] [email protected] 1 points 6 months ago (1 children)

The sick leave is insidious because sick employees come in vs wasting coveted PTO. It's a self-fulfilling problem as more and more workers fall ill.

[–] bdonvr 2 points 6 months ago

Oh yeah I don't get PTO either, or rather, it gets paid lump sum once per year. Once a year I get an extra weeks worth of pay. Of course living month to month it's not likely I can ever save that.

[–] [email protected] 37 points 6 months ago* (last edited 6 months ago) (1 children)

The initial bump in the salary threshold to $43,888 that takes effect July 1 is based on a Trump administration formula that sets it at the 20th percentile of the full-time weekly earnings of salaried employees in the lowest-wage region, which is currently the South. The increase to $58, 656 on January 1 adopts a new formula that sets the threshold at the 35th percentile of those weekly earnings.

43k is nothing to celebrate, and even the 58k limit should be higher.

I just wish we stopped all this means testing shit and just did the common sense solution:

If you work more than 80 hours a pay period, you get overtime.

Swing shifts make it breaking down by week problematic. But I'd like to see even over 8 hours in a 24 hour period require overtime rates.

The only thing means testing is good for, is dividing the working class.

In some parts of the country 60k still isn't much. That's almost average for McDonald's managers...

[–] [email protected] 36 points 6 months ago (1 children)

While I agree with you about half measures that divide the workforce/classes I am still all about "raising the basement".

Too many policies will only meaningfully impact the wealthy, so seeing lower pay bands receive specific attention is always great to see.

There are still far too many loopholes, lack of enforcement/consequences, and creative schedules that actively repress workers, but this policy sounds pretty great and it is affecting a lot of workers in less than a year which is fantastic momentum.

It's also more difficult to pass sweeping legislation when Republicans + Conservative supreme Court do absolutely everything in their power to resist any kind of improvement to American life they possibly can.

[–] [email protected] 25 points 6 months ago

“Small businesses will need to spend valuable time evaluating their workforce to properly adjust salaries or reclassify employees in accordance with this complicated mandate.”

Oh please. I’m a branch manager and this wouldn’t take us long to do, like less than a full day. Get the hell out of here and just do the right thing.

[–] [email protected] 20 points 6 months ago (1 children)

Damn Biden's on a roll.

[–] [email protected] 8 points 6 months ago (2 children)

What other note worthy announcements have come out lately? Not being sarcastic, I'm out of the loop.

[–] [email protected] 25 points 6 months ago (1 children)

Federal restrictions on anti-trans 'bathroom laws' in schools, banning noncompete agreements in most jobs, lots of various industry-specific regulations, probably some I'm forgetting.

[–] [email protected] 9 points 6 months ago (2 children)

Oh shit I hadn't heard of those. The bathroom laws I'm particularly excited for. Thank you!

[–] [email protected] 18 points 6 months ago (1 children)
[–] [email protected] 6 points 6 months ago (1 children)

I heard all of PugJesus' news items, how tf did all these pass me up?!

The alaska reserve is a huge win with how much oil companies have been trying to gobble all that beautiful land up.

Thanks for the reading material!

[–] [email protected] 5 points 6 months ago (1 children)

Good news doesn’t stay in the headlines as long as bad. Glad to help!

[–] [email protected] 6 points 6 months ago

Its also shunned by the bad faith actors intent on only spreading FUD, unfortunately. Thanks again

[–] [email protected] 5 points 6 months ago

No problem!

[–] [email protected] 4 points 6 months ago* (last edited 6 months ago)

Non-compete contracts for low wage worked just got killed. That's a big one, because all it does is lower the value of the employee and make them feel like property of their employer.

[–] [email protected] 13 points 6 months ago

I feel like… ok great for those people. However, I also think that we have a problem with this ‘part-time’ circus act. Where they give you just under the hours required to pay healthcare and such. That type of work is so demeaning, tiring, and under appreciated. Having to jump your schedule around like a jackrabbit sucks so much.

“Hey today you’re scheduled to a full day shift so you end late. Aaaaand we will need you back here first thing in the morning. But only 4 hours. You can sleep after that.”

[–] [email protected] 2 points 6 months ago (2 children)

In California, a fast food minimum wage is at $20 an hr. This 43k is just a dollar or 2 above that wage.
I guess it's good for people in other areas, but you would have thought there would be some regional adjustment on federal rules that go out.

[–] [email protected] 3 points 6 months ago (1 children)

I mean even without regional adjustment it goes up Jan1 and every 3y thereafter.

[–] [email protected] 1 points 6 months ago

My point being that your standard for overtime payment being at McDonald's minimum wage seems wrong.

[–] [email protected] 2 points 6 months ago

It would make sense since that regional adjustment system already exists that they could apply it to everything. I’m sure there are some macro economics that would affect but I’m too lazy to put that much thought into it.