Legislative Alert!

135 S. Monroe St. , Tallahassee , FL 32301 · 850-224-6926 · FAX 850-224-2266 · www.flaflcio.org

Do Your Part to

PROTECT OVERTIME

THE FIGHT HAS SHIFTED TO THE SENATE!

Generations of workers fought to get it…

now we must fight to keep it!

On March 31, 2003 , the Department of Labor (DOL) proposed regulations that would disqualify millions of workers from overtime protection under the Fair Labor Standards Act (FLSA).  On Thursday July 10^th and amendment to Fiscal Year 2004 Labor-HHS Appropriations bill which would have prevented this was narrowly defeated by only 3 votes!  Senator Harkin will be introducing the same amendment in the Senate this Wednesday, July 16^th.  Both of Florida ’s Senators have been identified as critical votes for the Harkin Amendment!

WE MUST CONTACT OUR SENATORS AND TELL THEM TO SUPPORT THE HARKIN AMENDMENT AND PROTECT OVERTIME!

• The DOL proposal would make it much easier for employers to reclassify workers as “white collar” employees ineligible for overtime.   The Fair Labor Standards Act (FLSA) of 1938 requires employers to pay their employees a cash premium for overtime work, but provides a narrow exception for white collar employees in “executive,” “administrative,” and “professional” positions.  A so-called “duties” test determines whether these exceptions apply, and every change DOL proposes to the “duties” test would make it easier for employers to avoid paying their workers overtime. 

• The DOL proposal would strip overtime rights from more than 8 million workers The Economic Policy Institute (EPI) has concluded that DOL’s proposed regulation would strip overtime rights from over 8 million workers in only 78 of 257 white collar job titles. 

• The DOL proposal would fail to guarantee overtime eligibility for low-income workers. 

• The DOL proposal would undermine the 40-hour workweek.  The many millions of workers denied overtime protection under the DOL proposal would no longer be paid anything for their overtime work.  If employers no longer have to pay extra for overtime, they will have an incentive to demand longer hours, and workers will have less time to spend with their families. 

• The DOL proposal would be a pay cut.  Millions of workers depend on overtime pay to make ends meet, and in 2000 overtime pay accounted for about 25% of the income of workers who worked overtime.

• There is no justification for taking away workers’ overtime rights.  There is broad consensus that an adjustment of the minimum salary threshold for inflation is long overdue.  But the need to update this salary threshold is no justification for weakening the “duties” test for workers above the threshold.  If DOL weakened the “duties” tests every time it updated the minimum salary threshold for inflation, in short order it would completely gut the FLSA.

• The Obey amendment is needed to stop DOL from taking away workers’ overtime rights.  The Obey amendment would not stop DOL from issuing a regulation, but would prohibit DOL from issuing any regulation that takes away overtime rights.  The Obey amendment would still allow DOL to fully update the salary threshold and to “clarify” the duties tests in ways that do not take away workers’ overtime rights.  But it would stop DOL from using the need for “clarity” as an excuse to take away the overtime rights of more than 8 million workers.

Call, FAX or Email These Senators Now

TELL THEM “SUPPORT WORKERS, SUPPORT OVERTIME RIGHTS, SUPPORT THE HARKIN AMENDMENT TO THE FY 2004 Labor-HHS Appropriations Bill!"

Senator Bob Graham – (202) 224-3041 / Fax (202) 224-2237

bob_graham@graham.senate.gov.

Tallahassee – TOLL FREE (866) 418-9569
Miami – (305) 536-7293
Tampa – (813) 228-2476

Senator Bill Nelson – (202) 224-5274 / Fax (202) 228-2183

bill_nelson@billnelson.senate.gov