Supreme Court overturns Obama effort to expand overtime pay

[TalkRadio]

A divided Supreme Court on Monday threw out an effort by the Obama administration to expand overtime laws to include a special class of workers at auto dealerships known as "service advisers."

In the 5-4 decision, the court's conservative justices said that despite some ambiguity in text of the law, Congress clearly meant to exempt service advisers from the requirement that they be paid time and a half after working 40 hours in a week.

Though the case, called Encino Motorcars v. Navarro, involved a limited class of employees, it was notable because it involved how far-reaching the Fair Labor Standards Act's overtime coverage is and how much wiggle room administrations have in interpreting it. The 9th Circuit Court of Appeals had said that any exemptions to the FLSA had to be construed as narrowly as possible, but the Supreme Court overruled that decision.

"We reject this principle as a useful guidepost for interpreting the FLSA. Because the FLSA gives no 'textual indication' that its exemptions should be construed narrowly, 'there is no reason to give [them] anything other than a fair (rather than a ‘narrow’) interpretation," Justice Clarence Thomas wrote in an opinion joined by Chief Justice John Roberts and Justices Anthony Kennedy, Samuel Alito and Neil Gorsuch.

https://www.washingtonexaminer.com/...overturns-obama-effort-to-expand-overtime-pay

 

[EternalFantasies]

Meaning what?

You can make them work more than 40 hrs as part of a salary without overtime? or u can't make them work more than 40 hrs period?

 

[wickedpanda]

https://www.washingtonexaminer.com/...overturns-obama-effort-to-expand-overtime-pay

The sad thing no one is getting over time let alone 40 hours unless your in the Democrat's Commie Union after Obama and his Healthcare killed the 40 hour work week for most American's......

 

[LJ_Reloaded]

Meaning what?

You can make them work more than 40 hrs as part of a salary without overtime? or u can't make them work more than 40 hrs period?

More employers now can get extra work for free from salaried employees.

 

[mark_j]

More employers now can get extra work for free from salaried employees.

That has always been the case..

Salaried = We pay you $X per month. (based loosely on 40 + hrs per week)

Hourly = We pay you $X per hour. (straight time for the first 40 hrs a week and time and a half for anything over 40 hrs a week)

 

[LJ_Reloaded]

That has always been the case..

Salaried = We pay you $X per month. (based loosely on 40 + hrs per week)

Hourly = We pay you $X per hour. (straight time for the first 40 hrs a week and time and a half for anything over 40 hrs a week)

Yeah, and employers have long abused the Salaried model by expanding the jobs that qualify as salaried, and then increasing those workers' hours beyond 40 hours in order to get work for free.

This is why the tech industry is well known for workers pulling 60 to 80 hour work weeks... 20 to 40 hours of which are unpaid.

That ain't right.

 

[Hypoxia]

None dare call it wage slavery. Excuse me, salary slavery. Except a salary should be paid in salt. That's traditional, like all slavery.

 

[BotanyBoy]

Yeah, and employers have long abused the Salaried model by expanding the jobs that qualify as salaried, and then increasing those workers' hours beyond 40 hours in order to get work for free.

It's not free, they paid for it.

They just get more, voluntarily of course.

This is why the tech industry is well known for workers pulling 60 to 80 hour work weeks... 20 to 40 hours of which are unpaid.

That ain't right.

Yea...they are also some of the better paid people out there too.

I know several making well into the 500k+ range.

Cry me a fuckin' river if they gotta put in the hours....nature of the bidnizz!

You don't want to get paid big bucks to get up at 2am and go fix some customers shit right whenever the fuck they need it?

Then don't get into an industry that operates like that....good luck earning any real money or prestige doing the bare minimum though.

None dare call it wage slavery.

That's because it's voluntary, making it definitively not slavery.

 

[EternalFantasies]

You know Botany Boy you're really starting to sound like a commie these days.

 

[BotanyBoy]

You know Botany Boy you're really starting to sound like a commie these days.

How do you figure?

 

[EternalFantasies]

If some are being arm twisted to add hours to 60 or 80 without extra pay, that's ok coz they were already overpaid?

 

[OldJourno]

Back in the '70s when I was raking in $7 an hour and thought I was in tall cotton, the dude who came in and fixed our newspaper computer system when it crashed was making $32 an hour.
Man, that was unheard of back then.
And as soon as the clock struck 5:01 p.m., he was making $48 an hour.

 

[BotanyBoy]

If some are being arm twisted to add hours to 60 or 80 without extra pay, that's ok coz they were already overpaid?

First off that's capitalistic, not communistic.

Second of all, you're god damn right.



Let's just take my silicon valley bro as an example...who is a fucking slave to his job.

The job pays 650,000/yr salary to fix shit none of the 250,000/yr folks can fix when it needs to be fixed.

So if you don't want to be on the mother fucker at 2:37am when your customer from Japan has a problem??


That's ok, I'll get someone who will be MORE than happy to get the fuck out of bed and fix shit that needs to be fixed when it needs fixin', you're fuckin' FIRED!!!


That is how capitalism works.

 

[EternalFantasies]

First off that's capitalistic, not communistic.

Second of all, you're god damn right.



Let's just take my silicon valley bro as an example...who is a fucking slave to his job.

The job pays 650,000/yr salary to fix shit none of the 250,000/yr folks can fix when it needs to be fixed.

So if you don't want to be on the mother fucker at 2:37am when your customer from Japan has a problem??


That's ok, I'll get someone who will be MORE than happy to get the fuck out of bed and fix shit that needs to be fixed when it needs fixin', you're fuckin' FIRED!!!


That is how capitalism works.

See for me whenever I see that term, slave, it simply has to do with socialism and/or communism.

I understand what you mean, but.... If I'm hired to work a job I'm highly skilled at and get paid a high salary for it, and my hours are mon - fri 9-5.. employer can just add Saturdays? and so, without paying me more too?

You may be correct, it's not necessarily communism, as much as anything as imposing should be termed and rightly so; but it's outright wrong.

 

[bellisarius]

In business it's what the salaried exempt put in that is one of the determining factors as to who rises to the next level. Who's hungry, who's dedicated?

The typical executive puts in 60-80 hours a week, or more. The rest are wage slaves. If you measure your worth in dollars per hour, never plan on playing whatever game you're playing at the highest level.

There's nothing wrong with being the best machinist, mechanic, assembler, burger flipper, or whatever. And being the best you'll be paid well according to the industry. But make no mistake, you aren't going to make what the president/owners make.....ever. And there's no point in making yourself miserable thinking that you should.

If you bother reading the job description of a 'Service Advisor' it's obvious that they are low level management. By law they are salaried exempt and are in that pool of people that upper management is looking at to see who rises to the top. The court ruled correctly.

 

[BotanyBoy]

See for me whenever I see that term, slave, it simply has to do with socialism and/or communism.

That's because you don't appear to know what socialism or communism are.

Slavery as it is generally understood, one person owning another as property.... is a highly right wing/capitalist concept.

Socialist/communist want EVERYONE to be a slave....equality in their servitude and being little more than property/assets, not to other people, but to society and thus the state/government.

I understand what you mean, but.... If I'm hired to work a job I'm highly skilled at and get paid a high salary for it, and my hours are mon - fri 9-5.. employer can just add Saturdays? and so, without paying me more too?

This is why contracts for voluntary employment are oh so important.

Get it in black or white, get it notarized, get 7 copies and get them all notarized too.

If you don't then the terms of your employment are up for re-negotiation at any time.

You may be correct, it's not necessarily communism

It's not at all communism...it's capitalism.

as much as anything as imposing should be termed and rightly so;

You apparently have no clue what communism is, because communism =/= imposing.


https://www.merriam-webster.com/dictionary/communism

but it's outright wrong.

You don't like capitalism?

Join the socialist/communist party and send in the big government to do something about the free and voluntary exchange of goods and services then.

 

[LJ_Reloaded]

It's not free, they paid for it.

Those extra hours are FREE you idiot.

They just get more, voluntarily of course.

There's nothing voluntary about it - if you don't give them that extra hours work for free you get fired. Legally that's coercion, just like telling a woman she gotta get "voluntarily" fucked by the boss or get fired (and you can be sued for doing that).

 

[LJ_Reloaded]

In business it's what the salaried exempt put in that is one of the determining factors as to who rises to the next level. Who's hungry, who's dedicated?

The typical executive puts in 60-80 hours a week, or more. The rest are wage slaves. If you measure your worth in dollars per hour, never plan on playing whatever game you're playing at the highest level.

There's nothing wrong with being the best machinist, mechanic, assembler, burger flipper, or whatever. And being the best you'll be paid well according to the industry. But make no mistake, you aren't going to make what the president/owners make.....ever. And there's no point in making yourself miserable thinking that you should.

If you bother reading the job description of a 'Service Advisor' it's obvious that they are low level management. By law they are salaried exempt and are in that pool of people that upper management is looking at to see who rises to the top. The court ruled correctly.

It's time to abolish the concept of "Exempt." Every hour worked is one that needs to be paid.

 

[Hypoxia]

We were salaried professionals. I retired early because health. My partner stayed until seven jobs in the work unit were compressed onto two salaried pros on-call 24/7 for no extra pay. That and having to train replacement staff in India drove their retirement. Look at USA worker productivity figures and figure out how high scores are achieved.

 

[WoundedKnee]

I find a lot of, I know what's true, and no evidence other than some uninformed opinions.

 

[Rightguide]

Meaning what?

You can make them work more than 40 hrs as part of a salary without overtime? or u can't make them work more than 40 hrs period?

Either would work, a simple condition of employment one can accept or reject at the time of hiring.

 

[BotanyBoy]

Those extra hours are FREE you idiot.

Not with salary pay.

There's nothing voluntary about it

Really? Who's holding a gun to their heads to go make money??

Right...nobody.

It's time to abolish the concept of "Exempt." Every hour worked is one that needs to be paid.

So you just want to abolish salary pay for hourly pay??

LOL good luck with that one you socialist degenerate.

 

[BobaFetaCheese]

Pretty limited decision. Doesn't affect most people.
I've been salary most of my career and it never bothered me. Usually get bonuses in lieu of OT.