First Overhaul of Overtime Laws in Decades Splits Government and Unions.
New York labor/employment law expert David Wirtz sees tough battle ahead over changes proposed by U.S. Labor Department and Congressional Committee. Pay and time off of millions of workers would be affected. Mr. Wirtz available for interview
NEW YORK, N.Y. (PRWEB) April 30, 2003 -- A dramatic overhaul of the nation's overtime laws is proceeding on two government fronts, but New York labor/employment law expert David Wirtz said there is less-than-unamimous support.
| | - Wirtz, a principal in the law firm of Grotta, Glassman & Hoffman, 650 Fifth Avenue -- whose roster of clients includes Fortune 500 companies, educational and medical institutions -- said the rules changes are long overdue.
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"The Department of Labor is inching into the 21st Century with the first proposed changes to overtime regulations in decades," he said. "There's plenty of opposition, of course, but it is hard to argue that rules adopted before computers were invented should regulate how computer programmers get paid.
"The regulations are not the only dinosaur. The federal statue itself -- the Fair Labor Standards Act -- is even more out of date. As a consequence, the flexibility of the Department is significantly limited because it cannot issue regulations that are inconsistent with the act itself. Reform efforts are proceeding in Congress despite withering criticism from Democrats."
| | - proposed changes are two-fold:
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| | - U.S. Department of Labor is proposing to raise the salary threshold for workers to automatically receive overtime pay from $8,060 a year (or $155 a week) to $22,100 a year (or $425 a week).
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| | - Department estimates that an additional 1.3 million workers would qualify for overtime pay under the new Rules.
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Under other changes centering on the duties of workers, the Department states that about 640,000 workers would no longer be eligible for overtime pay. At the same time, however, this updating of the "duties" tests will strengthen overtime protection for an additional 10.7 million hourly workers, the Department states.
| | - public has until June 30, 2003 to comment on the proposal.
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Meanwhile, the House Education and Workforce Committee approved a bill to allow employers to offer workers time off in lieu of overtime pay. Supporters state the bill provides flexibility to workers faced with demands of career and family.
Labor organizations oppose the U.S. Labor Department changes on the grounds they would erode the 40-hour workweek and could deny overtime pay protection to millions of workers.
| | - particular, they state, it would remove from overtime protection large numbers of workers in aerospace, defense, health care, high tech and other industries.
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| | - unions also oppose the House bill to allow for time off instead of overtime pay. They state that workers will lose money and work longer hours, that employers will start assigning overtime to workers who agree to choose comp time, and dictate when the time off could be taken.
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House leaders are pressing for a floor vote by early next month.
| | - Wirtz, who has handled labor and employment law matters for 25 years, is an Adjunct at the Cardozo School of Law and formerly served as General Counsel to the New York City school system.
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During last winter's New York City transit negotiations, Mr. Wirtz served as independent commentator for radio, TV and print media.
| | - Wirtz is available for interviews.
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CONTACT: Mr. Wirtz, (212) 261-2161 or Alex Michelini, GGH media representative, (201)-760-6383
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