anyone have the latest news about overtime reg. changes?

  1. Just now while listening to the radio I heard a report that said that the new ovetime regs. have been amended to allow Firefighters, police, LPNs, medics and EMTs to continue to recieve overtime for over 40 hours. Arrrgh! They did not mention RNs. Did anyone see anything in print or have anything to post from the newspaper. :uhoh21: I have not seen anything in print up to this minute.
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  2. 11 Comments

  3. by   pickledpepperRN
    Isn't it frustrating to hear radio news and not know where to find more information?

    This is all I could find:
    http://www.aflcio.org/yourjobeconomy...ns01222004.cfm
    http://www.forbes.com/markets/newswi...tr1309447.html
    http://www.washingtonpost.com/wp-dyn...2004Mar23.html
  4. by   Brita01
    Well, I just got this in my email today. Thanks a lot Bush. What a dufus.


    Dear Working Families e-Activist:

    Today is a tragic day, although you wouldn't know it from reading your newspaper. Last night after most offices in Washington closed, the Bush administration announced it would finalize and issue the regulations to take away overtime pay from millions of America's workers. Now, the White House spin machine is working overtime to make this paycheck attack sound like a good thing for workers.


    Don't be fooled!


    George W. Bush is now the first president in U.S. history to rewrite the overtime eligibility rules to take away workers' overtime pay.


    He needs to feel the heat! Please act today: Send a letter to President Bush now by clicking on the link below. We'll deliver your letter via fax with a copy to your U.S. senators. Tell Bush what you think. Or, keep reading.
    http://www.unionvoice.org/campaign/stopbush4otpay/


    Already the Bush administration is feeling pressure. So they've launched an aggressive campaign to mislead the media and the American people about the overtime pay take-away.


    Ignoring the protests of millions of working families and defying the wishes of Congress, President Bush moved forward with this pay cut.


    In its own words, the Bush administration has said that only workers earning less than $23,660 a year would be guaranteed the right to overtime pay. Everybody earning more than that amount could be caught up in the range of other changes to eligibility rules that take away overtime pay. And workers earning less than that amount won't exactly be helped--many of them already get overtime pay!


    We've got to make our voices heard now to counter these misleading statements, which are bombarding media coverage. Here are two things you can do today to make a difference.


    1. Fax President Bush and your senators by clicking on the link below. The U.S. Senate could still act to protect overtime pay.
    http://www.unionvoice.org/campaign/stopbush4otpay/


    2. After you act, please tell your friends, family and co-workers what is going on by forwarding this e-mail.

    Even if you don't get overtime pay already, you can help. Do you know somebody who earns overtime pay? It is important that more people know President Bush might cut their paychecks. Please click on the link below to spread the word to your friends, family and co-workers.
    http://www.unionvoice.org/campaign/s...otpay/forward/


    Thanks for all you do. Look for more soon, including a review of the final changes and how they might affect you.


    In Solidarity,


    Working Families e-Activist Network, AFL-CIO
    April 20, 2004


    P.S. Don't forget: You can still contribute to fund TV ads to save overtime pay.
    Last edit by Brita01 on Apr 20, '04
  5. by   pattyjo
    Quote from oramar
    Just now while listening to the radio I heard a report that said that the new ovetime regs. have been amended to allow Firefighters, police, LPNs, medics and EMTs to continue to recieve overtime for over 40 hours. Arrrgh! They did not mention RNs. Did anyone see anything in print or have anything to post from the newspaper. :uhoh21: I have not seen anything in print up to this minute.
    Oramar: Here is the news release from ANA today concerning this. http://www.nursingworld.org/pressrel/2004/pr0420.htm The specifics as to who does or does not qualify for OT were always rather vague, which is why Senator Specter asked Labor Sec. Chao in a hearing in Jan. to put off implementation of these rules until Sept. so that they could be clarified. She declined. My understanding now is that the rules as stated will go into effect within 120 days. I do not think that there is a list anywhere of which occupations qualify, rather, it is definition of level of education and level of responsibility. The concern was that RNs could be considered to be in a supervisory capacity and therefore not eligible. (because we supervise LPNs and CNAs etc.) I am not sure, given the shortage of practicing nurses, that hospitals will just quit paying OT, so we will have to see how that follows. If I hear anything more specific, I will post it here. Again, there is a 4 month period before they go into effect, so if you have concerns, let the president know. DOL regulations do not require approval by Congress.
    Patty
  6. by   pattyjo
    Here's a link that explains the DOL OT regs. as they may apply to nurses.
    http://www.dol.gov/esa/regs/complian...17n_nurses.htm
  7. by   nekhismom
    And can you believe that some people actually still believe that Bush CARES about the american people??? :angryfire: Thanks a lot, bushie!!

    Bush: Out the Door in '04!
  8. by   2ndCareerRN
    The antiquated overtime "white collar" rule is a major issue for retailers, because it affects almost all convenience stores. This rule has not been significantly updated since 1949, and in recent years, an increasing number of management employees have filed lawsuits claiming that they have been misclassified and should be paid overtime. Because of the lack of federal action, California and other states have passed restrictive and often vague labor laws that have paved the way for additional lawsuits.

    The increasing problems with this outdated regulation led the DOL to issue a notice of proposed rulemaking on March 31, 2003, announcing its plans to amend this regulation. The DOL's proposed overtime regulation would amend the so-called "duties test" under the Fair Labor Standards Act, which is used to determine if an employee is an executive, professional or administrative employee who would be exempt from overtime pay.
    http://www.nacsonline.com/NACS/News/.../nd1203031.htm

    http://www.nam.org/s_nam/doc1.asp?CID=201269&DID=227269

    Kind of dated, but tells a little bit about it.

    But I guess none of this was taken into account. One morning Bush woke up and said, "let's see, how can I screw someone today, I know, let's revamp the Fair Labor Standard Act."

    Do you really think that overtime as we know it in the nursing field will now just go away? I hardly think so. OT is ingrained into the culture of nursing, with a shortage of nurses, one of the ways the shortages are made up is by paying people OT to cover the shifts. I do not see it going away for nurses, at least not in my lifetime.

    bob
  9. by   pickledpepperRN
    While touting the economy this month, President Bush said, "A more productive worker makes more money"1. But if he has his way on new overtime regulations, that will no longer be the case for tens of thousands of workers.

    In a move designed to blur the issue, the Administration today said it was revising its previous effort to terminate overtime protections for 8 million workers2. But even by the Bush Administration's own admission, the "new" regulations will mean that tens of thousands of lower-income workers will be cut off3. Opponents of the Administration's plan say that the revisions would still cause problems for mean millions. The regulations are so bad for workers that some state legislatures have even rushed through legislation to block them4.

    The new overtime regulations come just four months after AP reported that the Bush Labor Department began "giving employers tips on how to avoid paying overtime to some of the 1.3 million low-income workers"5. The Administration specifically told employers they could "cut workers' hourly wages and add the overtime to equal the original salary, or raise salaries to the new $22,100 annual threshold, making them ineligible." Labor Secretary Elaine Chao testified before Congress that too many workers were filing "needless litigation" in efforts to force employers to pay them back wages6. Her insult to workers belied the fact that judges have ordered the government to "collect more than $212 million in back pay for workers" - the most in a decade and a strong signal that the efforts to fight worker abuse are far from "needless."

    Sources:
    http://www.whitehouse.gov/news/relea...0040406-6.html
    http://money.cnn.com/2003/06/26/news/economy/epi/
    http://www.nytimes.com/aponline/busi...partner=GOOGLE
    http://www.kaaltv.com/article/view/53988/
    http://msnbc.msn.com/id/3882629/
    http://seattletimes.nwsource.com/htm...vertime11.html
    ...Attorneys who represent workers say lawsuits and enforcement actions are increasing because more employers are violating labor law more than in the past. One, Adam Klein, said that weak enforcement of labor laws under both the Clinton and Bush administrations has left the private bar "to pick up the slack."
    Brad Seligman, a lawyer who helps fund wage-and-hour lawsuits for workers, said the Labor Department is changing the overtime rules because workers are winning so often. "If these lawsuits are frivolous, why are the settlements and judgments so large? Companies are being caught with clear-cut violations of law that for years they've gotten away with." ...
    Last edit by pickledpepperRN on Apr 22, '04 : Reason: add links
  10. by   pickledpepperRN
    http://cna.igc.org/cna/press/102703b.html

    ... The latest charge was issued just one week after Cedars-Sinai, under pressure from state officials, agreed to pay nearly $1 million in unlawfully withheld overtime pay as a result of altered time cards for some 1,000 RNs and other hospital staff....
  11. by   pickledpepperRN
    The following was published by the Board of Registered Nursing because employers were actually reporting nurses for patient abandonment for such as refusing to come to work hours before the beginning of a scheduled shift, not accepting an unsafe assignment to float to a unit, such as ICU, where the nurse had neither training nor experience, and declining to stay after 12 hours due to fatigue or child care needs.
    Nurses in many states have gone on strike over this issue because some employers (most recently Tenet) would love to hire less nurses and mandate 80 hour weeks to these salaried professionals.

    http://www.rn.ca.gov/policies/pdf/npr-b-01.pdf
  12. by   Mkue
    Quote from pattyjo
    Here's a link that explains the DOL OT regs. as they may apply to nurses.
    http://www.dol.gov/esa/regs/complian...17n_nurses.htm
    Thank you for providing that link, it was helpful.
  13. by   pickledpepperRN
    ..."However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt."...

    http://www.dol.gov/esa/regs/complian...17n_nurses.htm

    April 23, 2004 DOL Home > ESA > WHD > FairPay > Fact Sheets By Occupation
    FairPay Fact Sheets by Occupation

    Fact Sheet #17N: Nurses and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)

    The FLSA requires that most employees in the United States be paid at least the Federal minimum wage for all hour worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempts certain computer employees. To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.

    Nurses
    To qualify for the learned professional employee exemption, all of the following tests must be met:
    The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
    The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
    The advanced knowledge must be in a field of science or learning; and
    The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

    Registered nurses who are paid on an hourly basis should receive overtime pay.

    However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.

    Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.

    Where to Obtain Additional Information
    The Department of Labor provides this information to enhance public access to information on its programs. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. For more information regarding the Fair Labor Standards Act, visit the Wage and Hour Division's web site at www.wagehour.dol.gov or call our toll-free help line, available 8 a.m. to 5 p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243).

    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210 1-866-4-USWAGE, TTY: 1-877-889-5627

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