Your President Is Not Telling The Truth about overtime pay

A quote from an e-mail from President Obama promoting his new overtime rules.

As usual he is misleading you or, depending on your point of view outright not telling the truth intentionally.

Right now, there are employers skirting even basic overtime laws, adding “manager” to somebody’s job title solely to avoid paying workers what they’ve earned. Those workers are being cheated today, and this new step fixes that.

The fact is the FLSA clearly defines what jobs (not job titles) can be exempt from overtime. As you can see below, the law spells this out so if an employer is not paying overtime based on a made up title such as “manager,” they are violating current law which is enforced by the DOL; same as any new rules will be.

An employee who meets the salary level tests and also the salary basis tests is exempt only if s/he also performs exempt job duties. These FLSA exemptions are limited to employees who perform relatively high-level work. Whether the duties of a particular job qualify as exempt depends on what they are. Job titles or position descriptions are of limited usefulness in this determination. (A secretary is still a secretary even if s/he is called an “administrative assistant,” and the chief executive officer is still the CEO even if s/he is called a janitor.)

It is the actual job tasks that must be evaluated, along with how the particular job tasks “fit” into the employer’s overall operations.

There are three typical categories of exempt job duties, called “executive,” “professional,” and “administrative.”

6 comments

  1. Dick – you would be surprised at how some companies are handling this subject. One large home supplier company was demanding employees to show up 15 minutes early and leaving 15 minutes later at the end of the day. They called it getting ready time and shift turnover time. This has since stopped.

    Like

    1. I have no doubt companies skirt the law or just violate it, but that has been going on forever. Nothing new unfortunately.

      Like

  2. Do you actually believe that you are more knowledgeable and intelligent than the elected president of these United States and all of his economic advisors on the subject fairness in the workplace?? Perhaps you also believe that the United States Army is about to invade Texas?

    Like

    1. Oh Wilson, sometimes I wonder about you. Are you so blinded by your ideology you can’t accept fact? What was in this post is a quote from the President and a copy of the FLSA regulations about job titles and duties. I don’t have to be smarter than anyone to read what the law says. Simply put, giving a person a title is not a way to circumvent the law as being claimed. That has always been true under the FLSA. Do you actually read what I write or do you just see a point of view different than yours and go off half cocked? You remind me of people in NJ who hate the governor and yet I have repeatedly asked people to explain why both here and on Facebook I have yet to get one reply with anything.

      Like

      1. I read the law as you posted it and my question still remains: Do you actually believe that you are more knowledgeable and intelligent than the elected president of these United States and all of his economic advisors on the subject fairness in the workplace??
        As for Chris Christi; he remains an unindicted felon with Scott Walker et al in the Teapublican racist race.

        Like

      2. So now you agree that just changing a persons title does not make them ineligible for OT pay as the President said. Rather only the actual job duties as provided by the law can do the, right? So on what act is Christie a felon?

        Like

Leave a reply to rdquinn Cancel reply