Author Topic: Obama overtime rule dead  (Read 1502 times)

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Offline dpareja

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Obama overtime rule dead
« on: November 30, 2016, 05:23:47 pm »
http://thehill.com/policy/finance/307295-judge-blocks-obama-overtime-rule

Amos Mazzant, an Obama judicial appointee, has blocked the overtime rule that was due to go into effect tomorrow.

Quote
The Labor Department’s contentious overtime rule was blocked Tuesday by a federal judge in Texas, putting one of President Obama's top regulatory initiatives in jeopardy.

In a 20-page order, Texas U.S. District Judge Amos Mazzant issued a temporary injunction halting the rule nationwide.

“Due to the approaching effective date of the Final Rule, the Court’s ability to render a meaningful decision on the merits is in jeopardy,” he wrote. “A preliminary injunction preserves the status quo while the Court determines the department’s authority to make the Final Rule as well as the Final Rule’s validity.”

The rule would have extended overtime pay to more than 4 million workers starting Dec. 1. It would have required employers to pay overtime to most salaried workers who earn less than $47,476 annually, a much higher threshold than the current annual salary limit of $23,660.

And so this judge will "look" at this rule for months, while Trump, the moment he takes office, will probably repeal it. Of course, the judge would probably have blocked it permanently anyway, since he came from a corporate law firm that represented the likes of Halliburton and insurance companies.

This means that those workers will not get extra pay, right when the holidays are coming and that extra money would have been really nice to have.

Obama-appointed Amos Mazzant: fucking over workers, ruining Christmas, screwing Obama's legacy even before Trump can get around to it.

Thanks, Obama.
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Offline Askold

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Re: Obama overtime rule dead
« Reply #1 on: December 01, 2016, 03:27:26 am »
One of these days I am going to insist that someone explains me how they think it's fair to have people work with no overtime pay.

I don't think there's any proper justification but I'm curious to know if they even think there's one.
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Offline dpareja

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Re: Obama overtime rule dead
« Reply #2 on: December 01, 2016, 03:41:53 am »
One of these days I am going to insist that someone explains me how they think it's fair to have people work with no overtime pay.

I don't think there's any proper justification but I'm curious to know if they even think there's one.

Because they agreed to work for a certain salary (rather than an hourly wage).
Quote from: Jordan Duram
It doesn't concern you, Sister, that kind of absolutist view of the universe? Right and wrong determined solely by a single all-knowing, all powerful being whose judgment cannot be questioned and in whose name the most horrendous acts can be sanctioned without appeal?

Quote from: Supreme Court of Canada
Being required by someone else’s religious beliefs to behave contrary to one’s sexual identity is degrading and disrespectful.

Offline Askold

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Re: Obama overtime rule dead
« Reply #3 on: December 01, 2016, 03:45:39 am »
One of these days I am going to insist that someone explains me how they think it's fair to have people work with no overtime pay.

I don't think there's any proper justification but I'm curious to know if they even think there's one.

Because they agreed to work for a certain salary (rather than an hourly wage).


...Shouldn't that then mean that they don't have to work overtime? I mean, doens't the salary mean that they agreed to do only a certain amount of work hours?
No matter what happens, no matter what my last words may end up being, I want everyone to claim that they were:
"If you strike me down, I shall become more powerful than you could possibly imagine."
Aww, you guys rock. :)  I feel the love... and the pitchforks and torches.  Tingly!

Offline dpareja

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Re: Obama overtime rule dead
« Reply #4 on: December 01, 2016, 03:56:48 am »
One of these days I am going to insist that someone explains me how they think it's fair to have people work with no overtime pay.

I don't think there's any proper justification but I'm curious to know if they even think there's one.

Because they agreed to work for a certain salary (rather than an hourly wage).


...Shouldn't that then mean that they don't have to work overtime? I mean, doens't the salary mean that they agreed to do only a certain amount of work hours?

"Work overtime or you're fired. Oh, and we killed your union with right-to-work laws."
Quote from: Jordan Duram
It doesn't concern you, Sister, that kind of absolutist view of the universe? Right and wrong determined solely by a single all-knowing, all powerful being whose judgment cannot be questioned and in whose name the most horrendous acts can be sanctioned without appeal?

Quote from: Supreme Court of Canada
Being required by someone else’s religious beliefs to behave contrary to one’s sexual identity is degrading and disrespectful.

Offline rookie

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Re: Obama overtime rule dead
« Reply #5 on: December 01, 2016, 01:31:54 pm »
Ok, I'm one of those effected by the rule change/rule suspension. Before I answer any of the questions, a bit of background for lack of a better word.

For the company I work for, they figured out basically what the hourly wage would be (salary÷hours worked) to figure out an hourly wage. Pretty basic, right? My salary is based on a 45 hour work week. Anything over that we get what's called "fluctuating overtime". If anyone working long enough to remember Chinese overtime, that's what I have right this second. So when my boss was on vacation and I worked 53 hours, I got 8 hours of Chinese overtime plus my salary.

With the new rule, I'd be straight hourly. But I would not be allowed to work more than 46 hours a week. So in essence my pay would not change. They were adamant that it changes nothing about my duties and responsibilities. Except that I'm getting the same hourly rate as the people I directly supervise. And now I have work am average of 2 less hours a week.


First of all, I'd be making the same hourly rate as the people I directly supervise. Yes, I have more responsibilities. Yes, I work more hours and have benefits (that I pay for). But at the same $/hr as my employees. So that kinda hurts my morale a little.

And they're going to be limiting how much I can work. Right now, I can say to my boss I have this or that coming up. Can I work more to get extra money for it? Or my boss will say she had this or that coming up, can I work an extra shift for her? And I'll say sure. We no longer have that option.

It's usually not work overtime or your fired. Most people in food service know it's not a get rich career. Which means most of the time when am extra shift comes available, it gets covered quick.

The way the Healthcare laws are set up now, everyone became part time except for salary managers (like me). Nobody works more than 35 hours so the company won't have to pay benefits. With the hourly rule change, I will be getting 5 hours of overtime a week. 5,that's it. No more. I'd say no less, but the last time I worked less than 45 hours was last year when there was a blizzard that closed is Friday night and Saturday. In other words, I'll be making less money because I won't be working as many hours.

The nice HR lady explained it to me as a way to improve work life balance. Well, that's nice. But I am perfectly capable of knowing what I need and getting my balance. It's really them working their ass off to make sure they don't have to pay me more. The same way the ACA made sure no hourly employees can work 40 hours.

I know some even here will say this line of thought is against my best interest. I see where they'd say that and there's a logic behind it. But in practice it just doesn't work that way. I'll be happy to answer questions about it.
« Last Edit: December 01, 2016, 01:41:28 pm by rookie »
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