In Victory for Workers' Rights, Senate Votes to Protect Overtime
Feature Story by Ritu Kelotra - 9/10/2003
The U.S. Senate last week passed an amendment to protect millions of Americans from the Bush administration’s proposal to cut overtime pay.The final vote for the amendment to the Labor/Health and Human Services/Education appropriations bill was 54 to 45, after six Republicans joined all of the Senate Democrats other than Sen. Zell Miller, D-Ga. The amendment, introduced by Sen. Tom Harkin, D-Iowa, prohibits the Department of Labor (DOL) from implementing regulations that take away workers’ rights to overtime pay.
The victory comes after the narrow defeat of a similar measure in the U.S. House, but the House will have another chance to vote with the Senate when the appropriations bill goes to conference, before it is sent to President Bush for approval.
AFL-CIO President John Sweeney commended the Senate for passing the amendment, but also called on President Bush to end his opposition. The President has said he plans to veto the bill if it does not have the provision to cut overtime wages.
"Bush’s proposal would also rob our economy of yet another incentive for employers to create jobs, as it encourages employers to work existing employees longer hours rather than hiring new workers," Sweeney said in a statement. "We hope President Bush will rethink his opposition to this critical measure protecting overtime guarantees for American workers and their families."
The DOL proposed the new system in March 2003. If passed, employers would reclassify workers as executive, administrative, or professional employees – none of whom are entitled to overtime protection. All of the DOL’s proposed changes to the “duties” tests, which determine whether workers fall into these categories, make it easier for employers to avoid paying overtime to their workers – even those who earn as little as $23, 000 annually.
The Leadership Conference on Civil Rights (LCCR) said in a letter supporting the Harkin amendment that such a change would have a harsh impact on American workers.
"There is no dispute that the proposed regulation would disqualify more workers from overtime protection," LCCR Executive Director Wade Henderson said. "There is simply no justification for stripping any workers of their overtime rights."
Research by The Economic Policy Institute concluded that more that 8 million workers could lose overtime protection, if the proposal is adopted. In addition, a survey commissioned by the AFL-CIO showed that three in four Americans, regardless of political affiliation, race, income or geographic region, oppose the Bush administration’s effort to eliminate workers’ rights to overtime pay.
