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In Answer to SM's questions about H.R. 1406


Posted: May 10, 2013

I didn’t want the answers buried because the original post is pretty far down the page.

 

You don't HAVE to take the compensatory option. You volunteer for it. If you want your OT paid in cash the week you work it, then so be it.

 

You said: "One other thing I'm not finding or maybe it's there and I don't understand the legal jargon: Is the OT that is converted into PTO time and a half? Do I get a half hour extra for every hour of OT?"

 

Yes, that's my impression. You get a half hour extra for every hour of OT. You also pointed out that 160 hours would be 6 weeks....is it? I'm a very poor mathematician and I thought it would be 4 weeks. How did you come by the 6 weeks?

 

If an employer couldn't take away PTO benefits or any other benefits as you state, then this Act wouldn't change anything.

 

The major thing is -- This bill does NOT trash or delete anything from the original the Fair Labor Standards Act of 1938. It only AMENDS SEC. 7.  It doesn't take away from any parts of the original Act.

 

H.R. 1406 ADDS to the Sec.7 Compensatory Time. Before it only went up to Sec.7(r). H.R. 1406 begins as Sec.7(s).

 

If you really, really have time and energy, the link for the original Act can be found here and Sec.7 can be found starting on pg 10 (but not Sec.7(r). Section (r) was amended and added in 2010 and has to do with nursing mothers:

 

http://www.cocra.org/reporters_ref/Employment%20Labor/FairLaborStandAct.pdf

;

sm - sm

[ In Reply To ..]
"Yes, that's my impression. You get a half hour extra for every hour of OT. You also pointed out that 160 hours would be 6 weeks....is it? I'm a very poor mathematician and I thought it would be 4 weeks. How did you come by the 6 weeks?"

160 hours worked would be 4 weeks.

If PTO is compensated at time in a half, as overtime is compensated for in dollars (and I don't see that written anywhere... again I might be missing something), the PTO compensation should be 6 weeks.

"If an employer couldn't take away PTO benefits or any other benefits as you state, then this Act wouldn't change anything."

That's not what I stated, unless I made a typo. The private sector employer can take away or offer any benefits they choose. Again, it could force people into working OT for the PTO compensation, if they want time off. I understand there would be a choice under this proposed bill, but if your MTSO told you there was no PTO in their benefits package, but you could work OT and bank that for PTO, what choice would you have if you wanted PTO for whatever reason (including sick time)?

Labor unions are against this. I appreciate the protection labor unions offer workers. I know you are probably on the opposing side of this issue as well, so I doubt we will agree on much, but the point is mute anyhow because it will not be passed by Senate.

Thanks for responding... Your post didn't explain why you think this would be good for employees, but I guess we can both stipulate I'm for it for the reasons stated above for the second time and you're against it.

correction to my post mute should be moot - same poster NM

[ In Reply To ..]
.

No, i'm really neutral on that subject. I read the bill - Truthhurts

[ In Reply To ..]
and tried to explain part of it, that's it.

As for being good for employees, the only thing I could think of would be the example of the Family Leave law that was passed. I had to take time off when my husband was ill but I wasn't compensated for it.

When my mom had to have 24-hour help and she moved in with us that same year, I had to go back to work and couldn't give her the full time care she deserved. Also, because DH and I were both working at the time, mom couldn't get any help from the services because of OUR income. So she was caught in the middle.

So, in both circumstances, I feel this law would have helped.

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