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RiverLover

(7,830 posts)
Fri Dec 26, 2014, 10:52 AM Dec 2014

Let’s all screw the 1 percent: The simple move Obama could make to strengthen the rest of us

Let’s all screw the 1 percent: The simple move Obama could make to strengthen the rest of us
12/26/14

You're working more hours and not getting paid for them. We can fix that -- and put more people to work. Here's how

“The economy” in the abstract is doing relatively well, with strong job growth, a booming stock market, and rising GDP. But the American people aren’t feeling it—and Democrats have paid a serious political price as a result—simply because the concrete, individual experience is quite different. Raising the minimum wage is one way to get at the problem—but for a problem that big, it’s a limited line of attack. There are millions of Americans making well more than the minimum wage, yet still doing much worse than their similarly situated parents did a generation ago.

...Although the details are a bit complicated, the bottom line is not: there’s a wage level below which everyone qualifies for mandatory time-and-a-half overtime, even if they’re on a salary, and that level has only been raised once since 1975, with the result that only 11 percent of salaried Americans are covered today, compared to over 65 percent of them in 1975. If you make less than $23,660 a year as a salaried worker, you qualify for mandatory overtime—if not, you’re out of luck. Only those hanging on to the lowest levels of the middle class have those protections anymore. Just adjusting the wage level for inflation since 1975—an act of restoration, not revolution—would be as significant an income increase for millions of middle-class Americans as a $10.10 or even $15 minimum wage is for low-wage workers. It would cover an additional 6.1 million salaried workers (by one account) up to $970 per week, about $50,440 annually—the vast majority of those it was originally designed to protect, but who have slowly lost their protections since the 1970s. Hanauer proposes a slightly greater increase, intended to cover roughly all the workforce that was covered in 1975. That would raise the threshold to $69,000 annually, and would cover an added 10.4 million workers.

“Salaried Americans now report working an average of 47 hours a week—18 percent report working more than 60 hours per week,” Hanauer wrote in a follow-up piece for the Hill in December. “If it feels like you’re working more hours for less money than your parents did a generation ago, it’s probably because you are.” But the solution, as indicated, is simple and the best part is that Congress has absolutely no say in the matter. It’s purely an executive branch decision whether to raise the eligibility level.

Oh, sure, conservatives are bound to yell, “Socialism!” But the original rationale behind the overtime regulations—enshrined in the Fair Labor Standards Act during the Great Depression, along with the minimum wage—comes right out of Adam Smith. Here’s a description from a March 2014 report on the subject from the Economic Policy Institute by Ross Eisenbrey and Jared Bernstein:

The fundamental idea behind overtime coverage, and the minimum wage, is to maintain a basic norm within our labor market. Under certain market conditions, for example when unemployment is high or workers hold especially low levels of bargaining power, employers might be able to require employees to labor long hours without receiving additional compensation. This was, in fact, the case prior to the passage of the FLSA. Congress decided that this was a market failure based on the asymmetrical bargaining positions of affected workers and employers, and thus enacted the OT rules to create a financial disincentive to subject employees to excessive work hours....

http://www.salon.com/2014/12/26/lets_all_screw_the_1_percent_the_simple_move_obama_could_make_to_strengthen_the_rest_of_us/

37 replies = new reply since forum marked as read
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Let’s all screw the 1 percent: The simple move Obama could make to strengthen the rest of us (Original Post) RiverLover Dec 2014 OP
K & R !!! WillyT Dec 2014 #1
That would be a start. djean111 Dec 2014 #2
I know the minimum wage is a HUGE issue & critically imp to raise, much higher than $10.10 too RiverLover Dec 2014 #3
Oh, when I was working in IT, it was called a "professional salary", and the salary was djean111 Dec 2014 #5
Boy, oh boy, just wait 'til President Obama learns about this! Scuba Dec 2014 #4
LOL Scuba Oilwellian Dec 2014 #9
I'm pretty sure Jamie dimon has already briefed the president Doctor_J Dec 2014 #20
heehee 840high Dec 2014 #30
K&R'D!! snot Dec 2014 #6
Too many junior assistant managers safeinOhio Dec 2014 #7
My husband could possibly be protected from this Oilwellian Dec 2014 #8
The Executive Branch has already acted on this R.A. Ganoush Dec 2014 #10
Really good info & good for the prez. Agreed, it doesn't screw the 1%, they won't feel a thing. RiverLover Dec 2014 #12
You're welcome! R.A. Ganoush Dec 2014 #15
djean111 says it, "That would be a start." JayhawkSD Dec 2014 #11
+1 nt RiverLover Dec 2014 #13
Hear, hear nikto Dec 2014 #34
here's a link to Hanauer on Majority Report talking about this --> nashville_brook Dec 2014 #14
Not sure it would work... Wounded Bear Dec 2014 #16
This is for salaried exempt workers who do not get paid by the hour Tommymac Dec 2014 #17
I work 3. But out of choice 7962 Dec 2014 #18
That would be great... blackspade Dec 2014 #19
yeah I'm trying to think of one initiative passed during Obama's term Doctor_J Dec 2014 #21
But it already has, 9 months ago... R.A. Ganoush Dec 2014 #22
Rather ironic title - "Let's all"...beg the President to do something for us. True Blue Door Dec 2014 #23
As shown with the Crimenibus, the president can get bills shaped to his liking Doctor_J Dec 2014 #24
That is a shameless lie. True Blue Door Dec 2014 #25
Please give us a few examples of laws enacted since Jan 2009 that didn't favor corporations Doctor_J Dec 2014 #31
So ACA is "odious," and presumably the stimulus package was "odious," True Blue Door Dec 2014 #32
Different POV: YarnAddict Dec 2014 #26
So you are in favor of daredtowork Dec 2014 #29
What I am in favor of YarnAddict Dec 2014 #37
Wages are a good start and absolutely an essential start Warpy Dec 2014 #27
Also daredtowork Dec 2014 #28
WE only One Salvation,,, Cryptoad Dec 2014 #33
Sounds great! Color me pessimistic. Quantess Dec 2014 #35
If it's that simple I'm certain he would have thought of it first. maced666 Dec 2014 #36
 

djean111

(14,255 posts)
2. That would be a start.
Fri Dec 26, 2014, 11:04 AM
Dec 2014

There are many many people whose employers would never dream of letting them get anywhere close to a full work week, much less be eligible for overtime pay.
I would like to see a minimum living wage implemented somehow.

RiverLover

(7,830 posts)
3. I know the minimum wage is a HUGE issue & critically imp to raise, much higher than $10.10 too
Fri Dec 26, 2014, 11:08 AM
Dec 2014

And there are many who work 32 hours so they get no benefits...

However there are millions of people like the article says, myself included, who are salaried for 40 hours but work way over that.

We've all accepted it. I don't know why.

 

djean111

(14,255 posts)
5. Oh, when I was working in IT, it was called a "professional salary", and the salary was
Fri Dec 26, 2014, 11:17 AM
Dec 2014

paid, really, by the year, broken up into 26 paychecks. When I was working in Japan, I worked 18 hour days, during the week, because of the time difference, and got no overtime. If I stayed for a long enough stretch, like 4 or 6 weeks, I might get an additional bonus, but in reality, there were very few tiny windows in time that I was considered not available. Actually, I was expected to be available all the time, even on weekends. Even in state, we all worked 50-70 or more hours a week.
My last couple of contracting jobs were the same way - I made a "professional salary", no additional pay after 40 hours. Sucked, but most of the QA jobs went to people from other countries who lived four or five to a rental, shared transportation and home internet costs, and so would work insane hours for no additional pay.

Oilwellian

(12,647 posts)
8. My husband could possibly be protected from this
Fri Dec 26, 2014, 11:54 AM
Dec 2014

He's middle management, is required to work twelve ten hour days and then has two days off. He supervises over a dozen men who are union and have a negotiated regular and overtime wage. When you divide my husband's salary by the number of hours worked, he's earning far less than the hourly men he supervises. He hasn't had a raise since 2008, not even a COLA, and does the work of three people. He's in the twilight of his career and the company knows they have him by the balls.

They used to care about the workers, now it's all about the numbers. I just hope my husband doesn't die from the stress before he retires.

R.A. Ganoush

(97 posts)
10. The Executive Branch has already acted on this
Fri Dec 26, 2014, 12:06 PM
Dec 2014

Last edited Fri Dec 26, 2014, 03:41 PM - Edit history (1)

The President directed the Secretary of Labor last March to revise the FLSA Part 541 Exemptions, its the DOL that's been dragging its feet.

They now have it on their Regulatory Agenda to release the Proposed Rules Change in February of 2015. Once the comment period is closed, the DOL will tweak the language and set a date for the new regulations to go into effect. This will probably be late 3Q, early 4Q of 2015, providing the DOL sticks to its schedule.

Although the EPI recommended the level be set at $970, what we will most likely see is a floor set somewhere in the neighborhood of $550 - $700 per week. Because of the differences in costs of living throughout the US, they have to try and mitigate the impact, so they will be forced to split the difference somewhere in this range.

Additionally, it should be pointed out that some states have already set levels well above the current federal requirement of $455 per week. For example, NY (where I specialize in wage & hour compliance) has ben indexing the level to its increase in minimum wage since 2007. Effective next week, that amount will go up to $656 per week for Administrative and Executive exemptions. Those who qualify under the Professional exemption are still subject to the lower federal level for some reason, although I did have a rather spirited discussion with one of the investigators in the Labor Standards Division about it.

It is hardly a mechanism to screw the 1% though...it's going to effect every business owner, most of which can hardly be considered part of the economical elite. I've been working with clients since last June on what the anticipated impact will be and what will need to be changed strategically in order to comply. The government (on both the state and federal level) does a terrible job at disseminating information on regulations to businesses. Its like I tell my clients - there is no such thing as the Compliance Fairy.

The issue I have is that the NYS DOL stopped issuing Administrative Opinion Letters on ANYTHING altogether back in 2009, and the federal DOL hasn't issued any on the Fair Labor Standards Act since then either. That leaves most businesses (primarily small ones who don't have in-house guidance) in the dark as to whether or not what they're doing is within the regulations or not. They're allowing the Administrative Law Judges and civil court judicial decisions to drive the interpretations of how the law should be read...and then not updating their own regulations to match. That small business "low-hanging fruit" is typically what suffers the most, not the multi-nationals. It's just easier to go after the little guy.

RiverLover

(7,830 posts)
12. Really good info & good for the prez. Agreed, it doesn't screw the 1%, they won't feel a thing.
Fri Dec 26, 2014, 12:16 PM
Dec 2014

But it makes for a good headline!

Thanks R.A. Ganoush.

 

JayhawkSD

(3,163 posts)
11. djean111 says it, "That would be a start."
Fri Dec 26, 2014, 12:09 PM
Dec 2014

The premise that there is one magic bullet that will fix anything is "magical thinking." There will need to be many things done, and none of them will make any kind of major progress if done by themselves. It took twenty years of chipping away at the foundations of our economy to wreck it this badly, and it will take many years of hard work and original thinking to restore prosperity to working class men and women.

Pass this regulation and business will find ways to work around it. We need original ideas that are focused on real prosperity, not simple minded "let's regulate and punish business." Not that they don't need punishing, they do, but that's not going to solve the problem. Business always finds ways to work around regulation, we need to find ways to change conditions, not just regulations. Yes that will mean regulations, but don't think that regulations themselves are the solution.

Higher minimum wage, overtime regs, working regs... All of these are tinkering around the edges. Somehow we need to restore the jobs which went overseas, the jobs on which one parent supported an entire family and built a solid retirement and for worker and spouse. Jobs which allowed a worker to live a life of properity and dignity. I don't know what it takes to do that, but blathering about minimum wage and overtime regulations is not going to get that done.

The Democratic Party has got to quit thinking small and being the party of tinkerers.

 

nikto

(3,284 posts)
34. Hear, hear
Fri Dec 26, 2014, 10:46 PM
Dec 2014

Well said.

Piecemeal actions will not work, and will only be terminated.

Change must be systemic.

Wounded Bear

(58,664 posts)
16. Not sure it would work...
Fri Dec 26, 2014, 12:53 PM
Dec 2014

Aren't most of those people working more than 40 hours doing so at more than one job? That would negate the OT requirement. No employer will pay overtime based on hours worked elsewhere.

Tommymac

(7,263 posts)
17. This is for salaried exempt workers who do not get paid by the hour
Fri Dec 26, 2014, 01:27 PM
Dec 2014

IE Fast food managers, retail sales staff, some direct sales, low and mid level managers, tech workers, etc.

blackspade

(10,056 posts)
19. That would be great...
Fri Dec 26, 2014, 02:00 PM
Dec 2014

But it will simply not happen under this administration.
The howling from the capitalist class would be deafening.

 

Doctor_J

(36,392 posts)
21. yeah I'm trying to think of one initiative passed during Obama's term
Fri Dec 26, 2014, 02:05 PM
Dec 2014

that hasn't benefited Jamie dimon and his class. Thank God the pipeline turned out to be a money loser

True Blue Door

(2,969 posts)
23. Rather ironic title - "Let's all"...beg the President to do something for us.
Fri Dec 26, 2014, 03:43 PM
Dec 2014

There is an infinite echo chamber of "blogressive" thought on everything Barack Obama, omniscient and omnipotent King of Everything, can do for us "at the stroke of a pen." Maybe that's not really how it works?

I don't like the long-term implications of perpetually abdicating Congress and the courts to right-wing sociopaths while bleating forever to be rescued by the edicts of a Platonic philosopher-king.

Stop demanding to be saved by one man, for fuck's sake. Let's all screw the 1% by electing a Congress the passes economically progressive laws, keeping the Presidency in the hands of a President who would sign such legislation (we currently have such a President, but unfortunately haven't bothered to send him any legislation to sign in years), and electing a Senate that would pass that President's court nominees so lawless oligarchs can't just arbitrarily strike down that legislation. There, problem solved for decades.

 

Doctor_J

(36,392 posts)
24. As shown with the Crimenibus, the president can get bills shaped to his liking
Fri Dec 26, 2014, 06:23 PM
Dec 2014

At the very least he can use the bully pulpit to lobby the people for things he wants. He takes nothing from, and gives nothing to, liberals.

True Blue Door

(2,969 posts)
25. That is a shameless lie.
Fri Dec 26, 2014, 06:50 PM
Dec 2014

Your definition of "liberal" excludes the vast majority of people who subscribe to the label, and all United States Presidents ever.

This President constantly uses the "bully pulpit" to argue for liberal causes. People like you just ignore it until you get another excuse to complain and demonize.

 

Doctor_J

(36,392 posts)
31. Please give us a few examples of laws enacted since Jan 2009 that didn't favor corporations
Fri Dec 26, 2014, 09:10 PM
Dec 2014

You claim the president has nothing to do with what legislation comes to his desk. That's a shameful lie.

Did he not help shape the insurance windfall that is the ACA? Is he not now pushing for the TPP?. If the Republican legislation is so odious, why does he never veto any of it? He could initiate an investigation into the war crimes of Bush and Cheney without any help from the Republicans. What's the wait?

Give it up. Most of the BOG understands that the president doesn't like liberals or liberalism. They've become comfortable with that. Denying it at this point makes you appear dumb.

True Blue Door

(2,969 posts)
32. So ACA is "odious," and presumably the stimulus package was "odious,"
Fri Dec 26, 2014, 09:13 PM
Dec 2014

and the immigrant amnesty, and the diplomatic detente with Iran when the state was hell-bent on war with them, and the ongoing process of closing Guantanamo despite Congressional sabotage, on and on.

You will believe whatever the hell you need to believe to see yourself as a rebel and the rest of mankind as unworthy.

Good luck with that.

 

YarnAddict

(1,850 posts)
26. Different POV:
Fri Dec 26, 2014, 08:10 PM
Dec 2014

I am the treasurer for our local no-kill animal shelter. We had two managers, who were both working more than 40 hours every week, and getting time-and-a-half for everything over 40 hours. Our board of directors decided to raise both salaries to above the exempt level. They got a significant hourly pay increase, but knew that working overtime would get them no additional $$$. Amazingly, both discovered that they could do their jobs in 40 hours/week!!!

We have had a really rough year--building repairs, lots of medical expenses for the animals, the increase in minimum wage for the cleaning crew, etc.--and if we had to go back to paying overtime, it would seriously damage our viability.

Just sayin'.

daredtowork

(3,732 posts)
29. So you are in favor of
Fri Dec 26, 2014, 08:33 PM
Dec 2014

people having to work more than 40 hours a week because you have a "cause"? What about employers who don't have such a "cause" but would enjoy using the opportunity to avoid paying overtime to work people to the bone?

If you have that much work, hire more people.

Just sayin'.

 

YarnAddict

(1,850 posts)
37. What I am in favor of
Sat Dec 27, 2014, 09:22 AM
Dec 2014

is people getting 40 hours worth of work done in 40 hours. The whole point of my post was that when people who are in charge of their own scheduling realize that they can scam their employer by working unnecessary hours, they will do it.

Warpy

(111,270 posts)
27. Wages are a good start and absolutely an essential start
Fri Dec 26, 2014, 08:11 PM
Dec 2014

I would add that we desperately need a Wall Street transaction tax, one that would be a piddling amount for private investors and even many instittutional investors but would take the profit out of high frequency trading, a practice that is siphoning off money from every trade made on Wall Street to the tune of billions a year. The revenues would be huge and allow us to:

Spend on infrastructure, especially the electrical and communications grid. This is essential, also, because it will support the next boom we can create by:

Taxing income at a progressive rate to diminish those ridiculously huge fortunes. One of the few acceptable ways to dodge those huge taxes would be to invest in rebuilding the industrial infrastructure in the US in industries we'd desperately need to survive the next war, even if it's "only" a trade war. As it is, we don't even make cloth or shoes any more.

This country has been systematically dismantled. We are going to have to rebuild it from the ground up and living minimum wages are the first step. They're just not the only step.

Of course, when the derivatives casino goes bust, all this will be impossible. Money will disappear overnight (again), banks will shut their doors (again), and the majority of workers will be out of work (again). However, that is about the only thing that would convince the plutocracy to allow reforms that desperately need to be made.

daredtowork

(3,732 posts)
28. Also
Fri Dec 26, 2014, 08:30 PM
Dec 2014

Let's take a lot of the tech exceptions out of Labor Law. The "revolution" is over 30 years old now. It no longer needs a shot in the arm by screwing workers.

Also, anyone who is on a salary rather an executive on a contract should qualify for overtime. It makes absolutely no sense that someone who is an assistant to an assistant has to be available at all hours of the day simply because they are seen to have some discretionary decision making power over their arrange their tasks.

Anything that can push the regular work week back to 40 hours a week would be great because that would create incentive to hire more people instead of working to death the existing people.

Cryptoad

(8,254 posts)
33. WE only One Salvation,,,
Fri Dec 26, 2014, 10:22 PM
Dec 2014

that is when all those of the 63% who don't give a damn enough to vote, those who are the slaves of Economic Tyranny, get off their asses and go to the polls on every ballot that is spread and elect people who will support Economic Liberty!

Quantess

(27,630 posts)
35. Sounds great! Color me pessimistic.
Sat Dec 27, 2014, 12:36 AM
Dec 2014

All branches of our government are devoted to serving the oligarchy. That includes Obama.

 

maced666

(771 posts)
36. If it's that simple I'm certain he would have thought of it first.
Sat Dec 27, 2014, 03:25 AM
Dec 2014

Or maybe he has and is working on it already.

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