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Law Trump appointed judge blocks OT pay for millions of workers

deviake

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A federal judge in Texas has blocked a new rule from the Biden administration that would have expanded access to overtime pay to millions more salaried workers across the U.S.

On Friday, U.S. District Judge Sean Jordan sided with the state of Texas and a group of business organizations that argued the Labor Department exceeded its authority when it finalized a rule earlier this year to significantly expand overtime pay for salaried workers—ruling that the department could not prioritize employee wages over job duties when determining eligibility.

Under the federal law, nearly all hourly workers in the U.S. are entitled to overtime pay after 40 hours a week. But many salaried workers are exempt from that requirement—unless they earn below a certain level.

The Labor Department’s now-scuttled rule would have marked the biggest increase to that cap in decades. Employers were required pay overtime to salaried workers who make less than $43,888 a year in certain executive, administrative and professional roles as of July 1—and that was set to rise to $58,656 next year.

The Labor Department estimated that an additional four million lower-paid salary workers would become eligible for overtime protections in the first year under the new rule. An additional 292,900 higher-compensated workers were also expected to get overtime entitlements through separate threshold increases.
Now, the previous threshold of $35,568—which was set in 2019 under the Trump administration—is poised to go back into effect.

Edit: Worker's rights attorney explains:



The freedom state. Making America Great. Again.
 
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This is the first I'm hearing that there are salaried positions that get overtime pay. That must be nice.

I've been in that boat working a salaried position that never offered overtime. It paid extremely well but with my security clearance I was basically always on call. I put in extreme hours every single week that were definitely not in my contract.

Companies will always take advantage of their employees.
 
I'm salaried and I get overtime if I want it (I can never be bothered to do it though).

Don't you guys get at least time and a half?
Depends on the place but most places that contract people with salary do so to avoid paying the overtime. Hourly workers in most places generally make a smaller wage than salaried employees.
 
Depends on the place but most places that contract people with salary do so to avoid paying the overtime. Hourly workers in most places generally make a smaller wage than salaried employees.

Different system to ours for the most part then. We're contracted for x amount of hours per week (for me it's 37) and then if they want me to work more than that they have to pay me 1.5x my normal rate for extra hours I worked (I don't have to take it), sometimes they'll offer double time to entice people.

I guess at Managing Director level etc it's probably different.
 
I recall being on $38k per year and getting heaps of OT on a project while a lady i worked with got none because she was on $42k. She was fucking pissed when she found out.

No idea what the cut off is now but that was over 20 years ago.
 
This is weird.

The groups filed a complaint in Sherman, Texas federal court late on Wednesday claiming the U.S. Department of Labor lacked the power to adopt the rule and that it would force businesses to cut jobs and limit workers’ hours.
 
I'm salaried and I get overtime if I want it (I can never be bothered to do it though).

Don't you guys get at least time and a half?

What do you mean, "at least"? Isn't that what overtime is?

But no, I'm an "exempt" employee. My salary covers however many hours I work, and I don't have any formal time tracking for my job. Just show up, be at the meetings I need to be at, and do the work I'm assigned. And, for about a week every two months or so, be on call at all hours in case something goes wrong with our software.
 
What do you mean, "at least"? Isn't that what overtime is?

But no, I'm an "exempt" employee. My salary covers however many hours I work, and I don't have any formal time tracking for my job. Just show up, be at the meetings I need to be at, and do the work I'm assigned. And, for about a week every two months or so, be on call at all hours in case something goes wrong with our software.

Sometimes people do overtime for their normal hourly rate.
 
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