Last updated on 2013.05.25
Rep. Kristi Noem (R-SD) supports the "Working Families Flexibility Act" proposed by Rep. Martha Roby (R-AL). This bill would allow employers to offer employees comp time instead of overtime pay for extra hours worked.
In her traditional Newspeak, when Noem and her GOP colleagues promise flexibility for working families, they're really talking about giving bosses the ability to bend workers to their will:
"It should be called the Employer Flexibility Act, because at every turn here, the employer gets to decide," said Judith Lichtman, senior adviser for the National Partnership for Women & Families. "It pretends to provide a set of options to employees. But even if they elect to take the comp time instead of wages, when they can take it is fully at the discretion of the employer. You have no ability to take that leave when you need it. The employer can decide."
I read the bill and agree with this interpretation. Though it calls for an in-writing agreement between the employer and employee, it says the employee can use comp time "within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer."
So if you stockpile some comp time and want to take a half-day to go to your child's T-ball game, it's not simply a matter of saying, "I'm taking that comp time, see ya." It has to be approved — and can easily be denied [Rex Huppke, "Is the Working Families Flexibility Act Really Flexible?" Chicago Tribune, 2013.04.22].
Noem, Roby, and the GOP are advocating more flexibility for employers to exploit employees, to work their employees like dogs during busy times, short them hours and pay when it's convenient, and leave workers with less predictable schedules and increased costs for daycare. Don't be fooled: Rep. Noem isn't fighting for workers; she wants the rich to get richer and the poor to stay poor.
Martha Roby (R, Alabama)
Thanks, Nick! Correction made! My brain falls into patterns, too... rather like Noem's pattern of advocating laws that make life harder for working folks.
Some employers already allow people to flex their time to avoid accumulating overtime. This sounds like it would create another pool of time the employee has to request to take off. The question is, most overtime is 1 1/2 times the pay; if you have 2 hours of overtime, do you set aside 3 hours of time you can make up later to get paid what you would if you just got paid the overtime? Then, will there be an upper limit that can be accumulated and will the employer then use this as a way to avoid providing vacation time for employees?
Hey. Businesses are people too. Right? Mitt?
Cory, you might look at things far differently if you were a business owner. Flexibility is a good thing. There are times when you need employees to work longer hours. There are times when employees need to take off time for personal reasons. I find it insulting that you cast all employers as greedy and uncaring.
Why am I not surprised this bill doesn't address the real economic problem of low wages in this country?
You have a crew of five people they each work an hour overtime Mon-Thurs; you give them Friday afternoon off.
Let’s say you have to keep one person in the shop/store until at least 5:00 PM Do you pay him 4 hours OT do you let him go an hour early Mon-Thurs?
Let’s take that same crew of five (they are good crew) and they manage to rack up 40 hours ‘extra’ over a four week period. On the fifth week they are unable to work (no materials, orders or whatever) Can you give them the week off @ normal pay or do you pay the 60 hours Overtime (40 * 1.5 overtime pay) and lay them off.
The employer and employee have to work together to find a happy mix that works for them
Republicans just can't honestly name any of their ALEC-designed programs. Even before ALEC, they had "Right to Work".
Their reforms aren't reforms either.
I don't think Cory said all employers are greedy. This just sounds like a way employers can exploit their employees. The good business owners won't use this. If an employee has to work extra hours he or she should be paid overtime if over 40 hours. Change the overtime to comp time the employer gets to choose when an employee can leave and he saves money by not paying overtime.
The place I used to work paid overtime and the employee earned PPT for the extra time. That time can be used for sick leave and vacation. This is how it should be.
You could bank unlimited PPT but could only carry over 80 hours a year.
"The good business owners won't use this. If an employee has to work extra hours he or she should be paid overtime if over 40 hours."
In this scenario, I would take comp time just because that means more to me than the extra pay. Now, how this works with salary would be interesting as we don't get overtime to begin with. With that being said, most employers will allow you to leave work early if you have your time in prior to the end of the work week. I haven't ran into one forcing salary employees to put in overtime on a consistent basis, but that does not mean they aren't out there.
Now this comment: "You have no ability to take that leave when you need it. The employer can decide."
I find that a little deceiving. You have the ability to take it when you need it and chances are if it is submitted within a reasonable time, employers will make it work. I don't see this being any different than vacation time. If I try to take a few days off without much notice, chances are it will be declined.
I'm sure there will be a few bad employer's exploiting it, but there are many others who won't.
Jana, corporations are recognized as "people" by the Courts who have more rights, liberties, & privledges than you and me, who are actually living, breathing & loving human beings. It's a lovely world isn't?
...and thinking human beings. But, that doesn't matter, the corporations are the more pampered individuals to be worshipped in a crazy world of what is wrong is right and what is right is wrong.
NAFTA & GAT were the greatest agreements to happen to the Middle Class and the United States :). I should be worthy we had leaders with such great foresight to see how they have greatly benefitted us.
This legislation could benefit a lot of parents that would like to do things during the workday that they otherwise would not be able to do. They might be able to enjoy a long weekend with their family without using vacation time.
And it would be nice if people would use their real names instead of nicknames or initials.
I consider this to be flexible hours. It could mean more family time, or more time spent with school aged children. While not perfect and I can see where it could be taken advantage of. If everyone work in good faith, should be a problem.
I use my initials across several blogs. I have linked to my info at the DWC. You know who I am, by name, by voice, and by face.
I have given Cory a bit of grief about people using their full names, but it is his blog.
I know a lot of people by name, voice and face. I challenge everyone to step up and identify themselves.
Hello Michael Black, it is I, Jerry.
Hi Jerry.
Hi Michael, Owen here
This is not Harry P. Ness, but hello all anyway.
The bill is ridiculous. If the employee can't take comp time when he or she needs it, what's the point other than trying to get around the 40 hour work week? Anyone for slavery?
The comp time is only for hourly employees if I am reading this correctly.
DB, you might take the comp time given your economic status, but many who are making survival wages or less could probably use the time and 1/2 pay...that could be a difference maker when a full time job still keeps someone in poverty.
Some might be thinking an afternoon off for a kids t-ball game or soccer match, but for too many it is food on the table and essentials that get taken care of with overtime pay.
If you work for the government, comp time might be available.
http://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/compensatory-time-off/
I don't mind flexibility if it's what all parties want. But this bill seems to weaken the guarantee workers have that they will receive the extra compensation they deserve for extra work. With labor's power weakened, we need to keep our legal protections strong to check management's power.
Cory, I can remember circumstances but not names any more where businesses had a great setup but were told that they couldn't do a comp time policy because it was against the law. This was 10-20 years ago.
This would give the workers flexibility. It would save the owners money that the grubbing unions try and squeeze out of them. Owners win, employees win, unions lose. Government gets less payroll tax. This is a win win lose win for everybody.
Comp time instead of money for overtime work makes a lotta sense. When you pay the babysitter, tell them to enjoy the comp time. When you pay your rent, subsidize it with comp time. When you buy groceries, give the clerk comp time. When your kids have little to eat because the grocer isn't stupid enough to accept comp time, tell the kids to take some comp time. When the collection plate comes around, toss in a note for the preacher that says, "happy comp time, Brother!" And when Rep. Noem begs for more contributions, just slip the note: "Thank you, Rep. Noem, for all that comp time. Your reward is coming if you just wait."
Now that they have weakened the unions, it definitely is not family friendly to cut the overtime pay out also. Try and schedule a day care when you have long hours past the day care provider who wants time with their family also and then cut the day care hours also so that family is short on income.
If an employer is actually paying benifits now days, those overtime hours are not costing any more benifits, health insurance would stay the same. So it is not costing the employer the whole time and a half on total payments.
Grud...you made my point.
Business gains money and workers lose money. Work 4 hours overtime and get 4 hours off...as opposed to getting paid for 6 hours of work at overtime rates. If business can dictate when comp time is used...do you really think they'll check the soccer and t-ball schedule...or do you think they'll coordinate it around slow times?
Either way, it's cash in the business pocket and cash out of the employees pocket.
Oh what the hell.
Business has bought and paid for the laws they want and that work for them...just ask the corporate thugs from ALEC.
Low wage people should just be thankful that they can help business continue to make record profits and be taxed at the lowest rates in history while watching their wages stagnate or go down and their benefits collapse.
Besides, the working poor don't contribute to campaigns...so they deserve what they get.
If you don't think that the GOP is in the tank for business at the expense of the average citizen, or the citizens at risk, consider the "extra special" exemption of FAA sequestered funds that inconvenienced business while turning their backs on cancer treatment, Meals on Wheels and Headstart.
But hey...cancer treatments, meals for seniors and kids at risk...or flights for campaign donors...like that's a tough choice for the morally bankrupt?
Sorry GOP...my bad. Carry on.
Ms. Jana. If you worked 4 hours why do you feel entitled to 6 hours worth of compensation?
The agreement that is made with an employer is based on a 40 hour work week...it's kind of a law...so when someone work 4 hours over that 40 hours those 4 hours are at time and a half. 4 X 1.5 = 6.
Or in GOP math...4 hours of overtime work = 2 hours of unpaid wages saved.
Come on Grud...gravy doesn't take away from basic math skills...or does it?
"Oh what the hell"?
I personally don't give a shit about ALEC. I can tell you that most small businesses do not make record profits.
Reality is that many of us work 70-100+ hours a week as owners. Just like everyone else we are trying to make a living. Everything comes with a price.
I spent 18 years working at the paper in Madison. I was grateful for the flexibility I had during certain times of the week that allowed me to take care of my grandmother during the last years of her life. The ability to bug out so I could run her up to the hospital for rehab was important to me. And yes, I worked a lot of OT and didn't get to go do all of the things I wanted to do all of the time.
And I am not too whatever to use my real name, first and last. It's much easier to respect someone's opinion or point of view if you know the person.
Michael, good for you! You're human.
Here's a news flash for you...ALEC doesn't give a shit about you either... because you aren't a sponsor that gives them money. So you are kind of like the rest of us.
So yeah...what the hell.
I'm salaried and work 50 to 60 hours a week because I feel invested in my work and my employer...and yes, I've missed more family events than I care to admit....for no extra pay...and at a sacrifice I regret now and will regret more later in life. The comp time law will have no effect on my work ethic or my compensation.
Most small business don't benefit from GOP policies. Largely because you don't largely invest in their campaigns.
Ms. Jana, if you want to blindly follow laws and use them as excuses, then I say to you young woman, the law says that certain welfare and teacher increases are X.
You should just deal with it.
Just because some law says we have to give failing schools 3% or give some slackard worker extra free money because she worked 41 hours is the law. Don't question it. It is the law.
Or maybe...work an honest hour and get paid for an honest hour, be a really good worker/teacher, get a bonus. Don't let the government tell us all how to distribute money, eh?
No I'm not human and I think very little of politics.
Maybe the laws say the schools get squat. I think that's what they said a couple years ago. You can't have your apple and eat it also. Law said squat. If you wave this free money law around as "the law" then you have to follow the "squat" law. I'm just sayin...
Hi Mr. Black. I'm Nick.
Michael, I do respect that you use your full name with your opinions.
Would you feel the same way if one of your employees was vocal and had beliefs that were different than yours and could risk business because of those beliefs?
Or would you rather they stayed a silent citizen and not draw attention to your business at the risk of future business.
It's a small state and politics are divisive and do impact business. Given the Republican dominance and influence, having a dissenting voice is a risk many are not willing to take.
I use only my first name to not link my employer to my own personal views and to protect my employer from political discrimination...even though we all know that would never happen in good old boy South Dakota.
At least I don't post as anonymous like most on the War College.
Of course, selling out and being a toady and cheerleader for the GOP does have it's benefits...but it also comes at a high cost of integrity.
Heck, if you feel that strongly about partial anonymity, I bet you are really pissed about not knowing who is actually behind the laws being passed in the state! ALEC...Wait...What?
Grud...you can't have your apple and eat it too?
Michael, I'm guessing someone thinks you are human...in spite of your political commentary that you aren't thinking of...by posting on a political blog. Yep, I can see clearly that you don't care about politics.
Just so you know...I'm not a teacher. Just have a great deal of respect for them and worry that our flat out contempt of teachers and education is a negative influence on real economic development and the goal of economic development as a tool of raising the quality of life in South Dakota for everyone.
Cory is my friend, but I still disagree with him much of the time. Since he started this blog as an alternative viewpoint to the local paper, I made the assertion that blog comments should be treated like letters to the editor. If I send a letter to Jon Hunter at the Madison Daily Leader, I'll have my name attached in print. This has been the standard.
I have many friends that read this blog but will never post here because that might affect their professional lives. If posting here makes you want to go somewhere other than our studio then so be it.
Legislation like this might be perfect for many employees. Flexible work arrangements can be worth more than OT to some parents with little ones. Of course some companies will abuse it, but so will some employees.
If I do post anything here, I will continue to use my full name.
This is a way to make construction workers work so many hours in the summer that they have no time for family and then give them all the comp time in the winter so they get no unemployment or have any money to feed their family. Then call it a bill for family. Putting the word family into it is just a way to get a bad bill passed.
Unions? I'm not sure why Unions continue to be bashed like they are a driving force in this country anymore. Unions represent 6.6% of workers in the private sector. So the belief that Unions are some huge bad boogie man are insane. They are just used to justify the constant attack on workers rights. Besides which of these small businesses that people on this blog are speaking of are affected?
This proposed bill is an assault on what workers have gained over the years. Hard fought. The fact of the matter is wages have been stagnant since the 1970s after increases for 50 odd years. Through increased worker productivity and automation business did not have to increase wages to hire and employee people. While the increased productivity meant higher profits, the worker never saw the increase to their wages for the increased productivity. It went into business' pockets. That might mean stockholders and investors etc. The overtime pay is very important to workers today. Many have more then one job. Taking this away and giving it to business in the form of profit is doing nothing for the worker. There might be times when someone could need extra time off from work but that is what vacation days and sick time is for. This just allows employers to send people home when they are not as busy.