*** - The House just passed a bill that affects overtime pay

[donpablo]

Not New

They've been doing this to government employees for some time now. County employees here and now hourly employees of the school district are on this system. I feel for the custodians. They get paid the least already.

[1369]

At least part of your answer is in your question. They ARE puppets for corporations. That's not the full story, but that's a big part of it. Tomorrow the Texas House is going to pass a bill to make it more difficult for you to get your insurance company to pay claims. Same reason.

Oh, I know they, and the Dems both are but the GOP keeps walking into an L shaped ambush and just stands there dumbfounded while they get tore up. Anyhow, enough politics. This smells like a fix in need of a problem.

[flywise]

Here's an article from Forbes: https://www.forbes.com/sites/lizryan.../#88a6f4d5b922

[B] copied from the article
Under the new law an employee would be able to choose between being paid for overtime or taking extra time off. The law forbids employers from coercing employees to take time off -- but when Employment at Will is the law of the land, how many employees are going to insist on being paid overtime?

[SMUMan02]

[B] copied from the article
Under the new law an employee would be able to choose between being paid for overtime or taking extra time off. The law forbids employers from coercing employees to take time off -- but when Employment at Will is the law of the land, how many employees are going to insist on being paid overtime?

Yep. Employees will end up choosing whatever their employer prefers to keep from getting fired. Your choice, in practicality, becomes their choice.

[flywise]

Yep. Employees will end up choosing whatever their employer prefers to keep from getting fired. Your choice, in practicality, becomes their choice.

I dont think that will happen

[txfireguy2003]

[B] copied from the article
Under the new law an employee would be able to choose between being paid for overtime or taking extra time off. The law forbids employers from coercing employees to take time off -- but when Employment at Will is the law of the land, how many employees are going to insist on being paid overtime?

Well.... at will is the law of the land in Texas, and most guys I know, myself included, take the money. I should work on some comp time to use during deer season though, since FLSA says that they have to grant the time off when you ask for it, as long as you follow pouty and ask in advance..... even if it means they have to hire OT to replace you for the day.

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[sir shovelhands]

I think ill read a little more about the bill before i jump to conclusions on it affects.
It was written by CNN and the dems say its a disgrace sooo, theres a good bet that its not being portrayed honestly

Glad you suggested digging into it. I read the bill and rescind my previous complaints.

For all to see the sections of the bill that matter most:


(2) CONDITIONS.—An employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with—

“(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or

“(B) in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)—

“(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and

“(ii) entered into knowingly and voluntarily by such employee and not as a condition of employment.



and


“(B) COMPENSATION DATE.—Not later than January 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.


and


“(E) WRITTEN REQUEST.—An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).




Full text here: https://www.congress.gov/bill/115th-...bill/1180/text

It's a quick read.

[sir shovelhands]

I dont think that will happen

You'd be right. Section 2B(ii) says it cannot be a condition of employment. Unlike those stupid arse non-competes.

[flywise]

Well.... at will is the law of the land in Texas, and most guys I know, myself included, take the money. I should work on some comp time to use during deer season though, since FLSA says that they have to grant the time off when you ask for it, as long as you follow pouty and ask in advance..... even if it means they have to hire OT to replace you for the day.

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Correct, i always take the money unless its only an hour or two then i bank it.
I am never asked which i want. I just tell them when i want the comp.
Im fairly certain thats how it will work ( the law says it has to be a choice)

[flywise]

glad you suggested digging into it. I read the bill and rescind my previous complaints.

For all to see the sections of the bill that matter most:


(2) conditions.—an employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with—

“(a) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or

“(b) in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)—

“(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and

“(ii) entered into knowingly and voluntarily by such employee and not as a condition of employment.



and


“(b) compensation date.—not later than january 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to december 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.


And


“(e) written request.—an employee may withdraw an agreement described in paragraph (2)(b) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).




Full text here: https://www.congress.gov/bill/115th-...bill/1180/text

it's a quick read.

waydago!

[TheHammer]

I didn't know this was new? Our compressor mechanics get days off instead of OT on a regular basis. I don't fully agree with it. They get a random day off during some random week with very little notice. A day off is a day off I guess, but I think a couple of week heads up would be nice to allow the employee to plan something.

[txfireguy2003]

Glad you suggested digging into it. I read the bill and rescind my previous complaints.

For all to see the sections of the bill that matter most:


(2) CONDITIONS.—An employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with—

“(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or

“(B) in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)—

“(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and

“(ii) entered into knowingly and voluntarily by such employee and not as a condition of employment.



and


“(B) COMPENSATION DATE.—Not later than January 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.


and


“(E) WRITTEN REQUEST.—An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).




Full text here: https://www.congress.gov/bill/115th-...bill/1180/text

It's a quick read.

By the sounds of this, I could accrue a bunch of comp time, then if an emergency came up and I needed a cash infusion..... like if a good deal came up on a gun, I could just request to cash in my comp time, at any time of my choice, and they would have to cut me a check within 31 days. Hmmm, wouldn't be a bad way to keep an emergency slush fund, only downside is you'd have to wait for it and you wouldn't earn interest on the money, but banks ain't paying much in interest anyway.

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[LFD2037]

Glad you suggested digging into it. I read the bill and rescind my previous complaints.

For all to see the sections of the bill that matter most:


(2) CONDITIONS.—An employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with—

“(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or

“(B) in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)—

“(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and

“(ii) entered into knowingly and voluntarily by such employee and not as a condition of employment.



and


“(B) COMPENSATION DATE.—Not later than January 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.


and


“(E) WRITTEN REQUEST.—An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).




Full text here: https://www.congress.gov/bill/115th-...bill/1180/text

It's a quick read.

This is the long version of my previous post of "FLSA, since 1938, says this ain't happenin'".

[txoutdoorsman24]

Yea, that's going to go over real well in the construction field.

Yea. And the oil field!

[Thumper]

I didn't know this was new? Our compressor mechanics get days off instead of OT on a regular basis. I don't fully agree with it. They get a random day off during some random week with very little notice. A day off is a day off I guess, but I think a couple of week heads up would be nice to allow the employee to plan something.

Only way I'd go for it is if the comp time is time&half, work 8hr over time you get 12hrs of comp time. Second, you get to pick when you take your comp time. Third, you can accumulate an unlimited amount of comp time.