on april 20, the u.s. department of labor (dol) issued a revised fair labor standards act (flsa) rule that, as currently written, threatens the rights of registered nurses to receive overtime compensation. unless congress intervenes, this new rule will go into effect on august 23, 2004.
representative david obey (d-wi) has proposed an amendment to the labor, hhhs, and education appropriations bill that would protect nurses and other workers currently eligible for overtime pay. the amendment prescribes that workers covered by the flsa who are currently eligible for overtime pay cannot be denied this pay under the new rule.
it is imperative that the house take up the obey amendment, but it appears unlikely that the house leadership will allow a vote on the amendment prior to the rules' implementation in august.
ana believes it is essential to preserve the right to overtime compensation for registered nurses, and has strongly supported past measures including the harkin (d-ia) amendment in the senates and a previous amendment in the house by reps. obey and george miller (d-ca) to protect nurses and other workers from the dol regulations.
ana has sent a letter to all members of the house asking them to support the obey amendment and to urge the house leadership to allow a vote on the provision before the august recess.
we need your help to make sure this issue is a top priority for congress. contact your representative today. make the voice of nursing heard.
Overtime Compensation Protection Act of 2003 (Introduced in House)
HR 2665 IH
108th CONGRESS
1st Session
H. R. 2665
To amend the Fair Labor Standards Act of 1938 to protect the rights of employees to receive overtime compensation.
IN THE HOUSE OF REPRESENTATIVES
July 8, 2003
Mr. KING of New York (for himself, Mr. GEORGE MILLER of California, Mr. MCHUGH, Mr. SMITH of New Jersey, Mr. LATOURETTE, Mr. ANDREWS, Mr. OWENS, and Mr. KIND) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to protect the rights of employees to receive overtime compensation.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Overtime Compensation Protection Act of 2003'.
SEC. 2. PROTECTION OF OVERTIME COMPENSATION.
Section 13 of the Fair Labor Standards Act of 1938 is amended to read as follows:
`(k)(1) The Secretary shall not promulgate any regulation that has the effect of exempting from the requirements of section 7 any employee who is not otherwise exempted pursuant to regulations promulgated under this section that are in effect on the date of enactment of this subsection.
`(2) Nothing in this subsection shall be construed to prohibit the Secretary from reducing the number of employees who are exempt from the requirements of section 7 by regulations promulgated under this section.'.
Ok, I lean conservative..but I don't know enough about the subject. I haven't come across anything that tells me overtime pay will be gone. When is this supposed to happen?? The last thing I read said that RN's who are paid hourly will continue to receive overtime pay for any hours over 40 worked in a week.
I am personally an exempt employee. I always have been with this company and knew that when I was hired. When I was in the hospital I was "forced" to work OT but was paid for it (mandatory call). Here I make my own schedule..leave when I want, get here when I want but make sure my work is done-even if that means staying late some days.
My friends working fulltime in the hospital are being paid quite WELL to do overtime, and one co-worker who moonlights in the NICU is being paid $50 extra for each 4 hours of PRN she does. In the "real world" I have not seen or heard a thing about overtime pay being taken away.
The OT laws have not changed that much. If employers wanted to they could have always made nurses exempt. But let's say the worst happens. Your employer changes you to exempt. Then wants you to do mandatory OT but not pay you. How many times will that happen before the hospital has NO nurses? I would be looking elsewhere immediately. And of course, if they aren't willing to pay OT I would never have adequete childcare for my young children and neither would most nurses w/children, I suspect.
Someone asked a question about state OT laws. Although, federal laws supercede state, this is only the case where federal offers more protection. If your state adopts stricter OT laws that is fine (i.e., RN's must be paid OT). What the state cannot do is if the Federal law states RN's must be paid OT, the state cannot say that RN's can be exempt.
NRSKarenRN, BSN, RN
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