….and for those dishonest business owners out there that have engaged in wage theft in the past, that pay their employees ‘overtime’ only when the ‘piggybank’ allows….they will find a way to get around this rule (if, in fact, it is truly adopted) and, as in the past, rules just don’t matter to them…However, as economies improve and employees recognize that their rights are greater than the power that the dishonest business owners have over them, the employees will move onto bigger and ‘more honest’ things….however, the business owners might have their highly paid attorneys ‘create’ a way for them to NOT have to pay the overtime….please also note that most white color crime is committed in companies where the business owners are dishonest and have no ethics or morals to guide them….no matter what may appear on the surface…unfortunately, I’ve seen it way too many times….
The following is an interpretation of an announcement from my professional organization’s website, www.shrm.org.
The Department of Labor announced on June 30, 2015, a highly anticipated proposed (optimum word here) rule that would extend overtime protections (another optimum word….especially if you are dealing with an errant business owner) to nearly 5 million white-collar workers.
Workers who earn as much as $970/week or $50,440/year, would have to be paid overtime even if they’re classified as a manager or a professional, according to an announcement on the DOL website. Under current regulations, the salary threshold remains at $23,660 ($455/week), which is below the poverty threshold for a family of four (please remember that when you are in those clear, Bahamian waters), and only 8 percent of full-time salaried workers fall below it, according to a fact sheet issued by the Obama Administration (yes, this was originally directed from our President and the White House, and, yes, I still remember the emails sent to me by the 'financial advisor' that included the half-naked Joe Biden....and, yes, the same company that participated in the Wage Theft.)
Moral and ethical business leaders are concerned. A report from the National Retail Federation, for instance, argues that implementation of the new rules will cost retailers and restaurants millions of dollars and they will have to work around low- and mid-level management positions, curtailing career advancement for middle-class workers, especially in rural states.
Randy Johnson, the Chamber of Commerce’s senior vice president of labor, immigration and employee benefits called the rule ‘another example of the administration being completely divorced from reality and adding more burdens to employers and expecting them to just absorb the impact.”
The Society of Human Resource Management (SHRM) issued a statement on the DOL’s proposed changes to the regulations, saying that “While SHRM appreciates the need to ensure the regulations governing overtime protections keep pace with the evolving workplace and economy, we are very concerned that the DOL’s proposed rule will further exacerbate an already complicated set of regulations for employers and employees.”
Further, SHRM said that, ‘It is clear that this rule will affect nearly every employer in every industry and sector. Specifically, SHRM supports the need to adjust the salary basis level under the regulations. However, an over 100% increase from the current level will significantly impact employers and employees and will disproportionately affect the non-profit and service sector industries, as well as certain geographic areas of the country.’
The Rules are not yet officially published. Although the Office of Management and Budget (OMB) has reviewed and approved the Notice of Proposed Rulemaking (NPRM), the document has not yet been published in the Federal Register, according to the Department of Labor. The NPRM that appears in the Federal Register will specify the dates of the public comment period (yes, all business owners, honest and dishonest, and the public will have the opportunity to comment) and may contain minor formatting differences in accordance with the Office of the Federal Register publication requirements. The OMB – approved version is being provided as a convenience to the public and www.scbhrserv.com will be updated with the Federal Register’s published version when it becomes available.
Upon publication of the proposed rule, interested parties will be invited to submit written comments on the proposed rule at www.regulations.gov. Only comments received during the comment period identified in the Federal Register published version of the NPRM will be considered part of the rule making record.
This proposed rule is a great victory for all affected hourly workers. Again, for those of you that pay honest wages and don’t ‘steal from the piggybank’ to enhance your own lifestyle, the government will listen and work with you….there are ways that your payrolls can remain ‘intact’ while still paying your employees fairly and honestly….as 99% of you do. If you need help in interpreting this proposed rule, please contact Rosanne Bennett at 484-798-1236 or firstname.lastname@example.org. As you can note, I have my very own interpretation of this proposed rule.