Current Overtime Pay Regulations Must Be Protected
By: U.S. Congressman Lincoln Davis

Over sixty-five years ago, the Fair Labor Standards Act (FLSA) was established with the intent of protecting America's workforce by providing minimum living standards. Two major provisions of the bill were the establishment of a minimum wage and the setting of overtime compensation standards. The FLSA has been amended frequently in the subsequent decades with changes expanding the classes of workers covered, raising the minimum wage, redefining regular-time work, and raising overtime payments to encourage the hiring of new workers and equalizing pay scales for men and women.

Recent proposed changes to the FLSA, by U.S. Department of Labor, regarding overtime regulations would drastically cut the incomes of millions of working men and women. On July 10 while debating the Labor, Health and Human Services, Education appropriations bill, the House of Representatives considered an amendment which would prevent the Department of Labor from implementing the new regulations or any overtime regulations that would adversely affect workers who currently receive overtime pay. I voted for this amendment which, unfortunately, failed by a vote of 210 to 213. The Senate voted on a similar amendment to the Labor-HHS-Education appropriations bill a short while ago. They wisely passed the provision blocking the implementation of regulation changes by a vote of 54-45.

The next phase in the legislative process for the Labor-HHS-Education appropriations bill is to go before a Senate-House conference committee where the differences between the two versions will be resolved. However, before a piece of legislation goes to conference, "rules" are created for the conferees to follow in what is called a motion to instruct conferees. On October 2, the House passed a motion instructing conferees to accept the Senate passed provision by a vote of 221 to 203. I voted in favor of blocking the implementation of the Department of Labor's regulation changes.

I am outraged at the efforts to rob hardworking Americans of the overtime pay they deserve. I have received hundreds of phone calls, e-mails and faxes from constituents asking me not to allow the Department of Labor to implement their proposed changes. Every constituent told me that as much as twenty-five percent of their take home-pay will be reduced under the new rules. I promise to continue to monitor this issue, and I will oppose any legislation that will hurt the 40-hour work week and a worker's right to overtime pay.

Congressman Davis can be reached by phone in Washington, D.C. at (202) 225-6831.