2017년 3월 7일 화요일

Dic: usages/ overtime protections, overtime exemptions


※ 발췌 (excerpts):

1. http://www.businessinsider.com/what-new-overtime-law-means-for-everyone-2015-6

Since 1938 the US has had a policy in place to protect overtime workers and ensure they are paid for the extra work they do. But in the more than 70 years since the policy has became law, parameters have rarely been updated to account for inflation. Several US influencers are hoping that changes.

"The problem we have now is that the people these laws were designed to protect are no longer being protected," said Ross Eisenbrey, Vice President of Economic Policy Institute ( ... ) in a recent video about overtime protection.

Currently workers covered by the Fair Labor Standards Act (FLSA) of 1938 must be paid at least time-and-a-half for each hour they work beyond 40 hours a week. "No matter what your boss calls you─store manager, shift supervisor, assistant to the regional manager─if your salary is below the threshold, you have to be paid for your extra hours," ( ... ) But the salary threshold under which workers are eligible to receive overtime pay is a mere $23,660 a year. Anyone who makes more than this cannot receive overtime pay.

"That's worth less than half what it was 40 years ago," Eisenbrey said. In 1975 the FLSA covered 61% of all salaried workers, he said─today it protects only 8%. ( ... ... ) "This problem has a very straightforward solution: raise the overtime salary threshold and index it to inflation," he said. ( ... ... )


2. http://www.npr.org/sections/thetwo-way/2016/11/22/503081151/federal-judge-blocks-obama-administrations-overtime-pay-rule

With just over a week before it was scheduled to take effect, a federal judge has blocked the implementation of an Obama administration rule that would have extended overtime eligibility to some 4 million Americans.

The Labor Department's sweeping overhaul to the overtime rule required employees to pay time-and-a-half to their employees who worked more than 40 hours in a given week and earned less than $47,476 a year. That salary threshold is about twice what currently allows workers to be exempted from overtime. ( ... ) supporters of the rule called it "long overdue" as inflation took its toll on overtime protection. ( ... ... )


3. Controversial Overtime Rules Take Effect (NYT, 23 Aug 2004)

The Bush administration's new overtime rules go into effect today, but the Kerry campaign has already begun attacking the overhauled regulations, saying they will hurt millions of American workers. Urging President Bush to scrap the rules, the Kerry campaign and organzied labor say the regulations will exempt up to six million additional workers from receiving overtime pay by redefining which workers qualify for time-and-a-half pay when they work more than 40 hours. ( ... ... )

In essence, the hundreds of pages of new rules redefine the criteria for which administrative, professional and managerial workers qualify for overtime, among them nurses, chefs, pharmacists, funeral directors, claims adjusters and restaurant managers.

( ... ... )

Overtime, which is governed by the Fair Labor Standards Act of 1938, is a complicated ares of law. Senior managers do not qualify for overtime pay when they work more tha 40 hours, but the more difficult questions involve whether low-level, salaries supervisiors are to be viewed as managers who do not qualify for overtime or as workers who do.

The new rules set forth criteria, like what responsibilities supervisors have and whether they have the power to hire and fire, to determine who is eligible. The rules largely exempt workers earning more than $100,000 from overtime pay, although those with union contracts calling for overtime will continue to be eligible.

( ... ... )

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