It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
H.R. 1406 would not prevent employers from cutting the overtime hours and reducing the take-home pay of employees who currently have the right to overtime compensation. The legislation does not provide sufficient protections for employees who may not want to receive compensatory time off in lieu of overtime pay.
The proposed legislation also does not guarantee that workers will be able to use the time they have earned when they choose. Instead, H.R. 1406 could be read to provide employers broad discretion to deny requests to use compensatory time off if it would unduly disrupt their operations. Additionally, the bill fails to specify what remedy would be available to those employees who are denied their requests.
Finally, the bill does not fully protect a worker's right to receive monetary compensation for compensatory time they may have accrued but not used. The bill allows workers to accrue as many as 160 hours-- 20 full days-- but does not protect that accrued time if employers go out of business or declare bankruptcy.
Originally posted by MilesTeg
The employer is not going run their business with a skeleton crew, so you ask the employer for the time off accrued....... and they say no. So your overtime hours are basically you just working harder for absolutely no pay.
‘(B) COMPENSATION DATE- Not later than January 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.
‘(C) EXCESS OF 80 HOURS- The employer may provide monetary compensation for an employee’s unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6).
‘(D) POLICY- Except where a collective bargaining agreement provides otherwise, an employer that has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice.
‘(E) WRITTEN REQUEST- An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).
Originally posted by marg6043
reply to post by DarKPenguiN
It depends on you employer, now, remember that within the bill is The right of you as an employee to get into a bargain agreement on how the provision in the bill will apply to you, always read the fine print.
That is, if the employer decide to offer the compensatory time rather than over time pay, they do not have to if they do not want too.
But they do have the choice to eliminate the over time over the compensation at their discretion.
Just remember that if you chose to get compensatory time you will not see the overtime you earn in the time period you worked, but it will go into a pot at the employers benefit (free loan) to be pay at the end of the year if you do not use it during that time.
Originally posted by DarKPenguiN
Also note there is a difference between Public and Private Unions. I am not thrilled about the Police Officers or Teachers Union either
Originally posted by burdman30ott6
Originally posted by DarKPenguiN
Also note there is a difference between Public and Private Unions. I am not thrilled about the Police Officers or Teachers Union either
100% agree with this and should have clarified what I was getting at. I work in the private sector as a consultant for the public sector. I honestly don't care that much about private unions (though I do believe they have only themselves to blame for the jobs fleeing overseas.) Public unions, however, are a pile of crap. They've got public servants paid with tax dollars and getting guaranteed salary increases which are never tied to performance while the tax payers sit and flounder in the real world. It is beyond ridiculous.
Originally posted by MilesTeg
reply to post by HawkeyeNation
They are abolishing time and a half over time pay and giving the employer the option of offering PTO or you can get a yearly check that is NOT time and a half, but base pay for the extra hours work. The company takes the money you would be getting with every check that you worked overtime, invests it, makes money off of it, and then you get a yearly checks worth of pay for the overtime that you did not use as PTO. Unless there is some loophole..... or you get terminated. There is nothing in the documentation about how an employee would be compensated their overtime after being terminated.edit on 13-5-2013 by MilesTeg because: (no reason given)
‘(6) RATE OF COMPENSATION- ‘(A) GENERAL RULE- If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than-- ‘(i) the regular rate received by such employee when the compensatory time was earned; or ‘(ii) the final regular rate received by such employee, whichever is higher. ‘(B) CONSIDERATION OF PAYMENT- Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation.
“The representations that the workers are free to choose between comp time and overtime pay, in fact, are not correct. At the end of the day, the employer has the right to veto any comp time that this bill will allow to accrue,” said Rep. Joe Courtney (D-Conn.), the ranking member of the Workforce Protections Subcommittee. “That’s why the many organizations representing working families and representing women have resoundingly come out in opposition to this legislation.”
In addition, opponents of the Republican bill say that it does not contain sufficient safeguards to ensure that workers really have the choice between overtime pay and nonguaranteed comp time off. An employer could schedule fewer hours or even fire workers who choose to keep their overtime pay without facing strong penalties.
Republicans rejected an amendment by Rep. Carol Shea-Porter (D-N.H) to ensure that workers would actually be able to use the comp time they earned in cases of a family illness or a medical appointment for a veteran. The Democratic amendment would also prevent companies from making workers choose between overtime pay and time off if the business has violated the Equal Pay Act, the 1963 law that makes it illegal to pay women less based on their gender.
“Undermining workers’ paychecks or making their work schedules less predictable is no way to support working families,” said Rep. George Miller (D-Calif.), the senior Democratic member of the Education and the Workforce Committee. “Instead, Congress should be working to actually help our nation’s working families by increasing the minimum wage and allowing workers to earn paid time off, all without taking away their overtime pay.”
Originally posted by MilesTeg
From what I understand the money goes into a pot that the business owner can draw interest off of and you get a yearly check for your overtime. So you don't get the overtime pay on your check. It's drawing interest and making money for the boss. If you ask me, you should get the money from the interest accrued but I'm certain that's not the case.
Originally posted by marg6043
reply to post by randomtangentsrme
I believe if I am not mistaken that it will take 30 days to get your money after a written request. So if you are having an emergency you will need to find funds somewhere else for the time being.
Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).
Originally posted by defcon5
They could still straight out fire you for going to your grandmas funeral and tell you so. There is nothing you could legally do about it if they did. This law has no affect on that at all. No time off is guaranteed by any laws with the exception of FLMA.
‘(3) HOUR LIMIT- ‘(A) MAXIMUM HOURS- An employee may accrue not more than 160 hours of compensatory time.