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Overtime Pay: The Takeaway Begins

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photo of nurse at overtime rally

At an Aug. 23 rally in front of the Department of Labor in Washington, D.C., Joy Anderson, an AFT Healthcare member and registered nurse at the University of Medicine and Dentistry of New Jersey, describes how the new overtime rules will affect her. AFT photo by Michael Campbell.

The Bush administration's regulations that strip millions of American workers of their right to overtime pay took effect on Aug. 23. The AFT has joined with the AFL-CIO in registering strong objections to the new rules (join with us by contacting your member of Congress now).

These regulations, issued by Labor Department, revise the Fair Labor Standards Act (FLSA) provisions governing which workers are entitled to overtime compensation. The AFT and the AFL-CIO warn that these rules will hurt millions of workers. Here's how:

  • For the first time in the history of the FLSA, workers paid on an hourly basis may be denied overtime compensation;

  • The rule allows private sector workers to be paid for overtime in compensatory time instead of cash;

  • Workers earning as little as $23,660 per year could lose overtime pay if they fit the descriptions under the broad new job-duties test that qualify employees as a manager, executive or professional; and

  • Union contracts can offer only limited protection against losing overtime. Some contracts do not spell out who is entitled to overtime and instead refer to the terms set in the FLSA. These contracts could be affected immediately. Other contracts could be affected when employees bargain for their next agreement.

The AFT represents a large number of nurses and other workers across the country who would be adversely affected by the administration's overtime rule changes. While the status of salaried nurses would be unchanged, hourly nurses could lose their overtime compensation.

The AFT has prepared information sheets on how the new overtime rules will affect our healthcare members, PSRPs and child care workers. See also our press statement.

Take action! Please send a message to your member of Congress urging that these new rules be overturned. 

August 20, 2004

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