Will Obama give workers a raise without Congress ?

tay

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Fewer and fewer Americans are getting overtime pay, and it's not because they're not working overtime. Rather, the rules that determine who gets overtime if they work more than 40 hours a week have become outdated. Salaried workers are only eligible for overtime pay if they earn less than $455 a week, just $2 a week above the poverty threshold for a family of four. President Obama is talking about raising the overtime eligibility level, and if he set it to be equal to what it was in 1975, adjusted for inflation, it would be $970 a week rather than $455.


http://www.epi.org/publication/updating-overtime-rules-important-step-giving/



But Obama hasn't acted yet, and billionaire venture capitalist Nick Hanauer recently wrote that "It is my sense, based on my conversations with government officials, that the administration is buying the line from corporate lobbyists who are arguing that such rule changes would devastate their bottom lines, forcing them to lay off workers." Hanauer argues that the reality is that it would just force corporations to stockpile a little less cash, do fewer stock buybacks, go back to the profit levels they had between 1950 and 1980.


If you're a salaried worker who ever works more than 40 hours a week and earns between $24,000 and $50,000 or even more, you're likely being robbed of overtime pay by the erosion of the eligibility standards. Others of you are being kept from being paid overtime by a series of exemptions that businesses are constantly pushing to expand. This is, as Hanauer details, a perfect example of how corporations use their leverage with government to keep middle-class incomes low. It's time for the president to give middle-class workers a raise.




By Nick Hanauer


If you’re in the American middle class—or what’s left of it—here’s how you probably feel. You feel like you’re struggling harder than your parents did, working longer hours than ever before, and yet falling further and further behind. The reason you feel this way is because most of you are—falling further behind, that is. Adjusted for inflation, average salaries have actually dropped since the early 1970s, while hours for full-time workers have steadily climbed.


Meanwhile, a handful of wealthy capitalists like me are growing wealthy beyond our parents’ wildest dreams, in large part because we’re able to take advantage of your misfortune.


So what’s changed since the 1960s and '70s? Overtime pay, in part. Your parents got a lot of it, and you don’t. And it turns out that fair overtime standards are to the middle class what the minimum wage is to low-income workers: not everything, but an indispensable labor protection that is absolutely essential to creating a broad and thriving middle class. In 1975, more than 65 percent of salaried American workers earned time-and-a-half pay for every hour worked over 40 hours a week.


Not because capitalists back then were more generous, but because it was the law. It still is the law, except that the value of the threshold for overtime pay—the salary level at which employers are required to pay overtime—has been allowed to erode to less than the poverty line for a family of four today.


Only workers earning an annual income of under $23,660 qualify for mandatory overtime. You know many people like that? Probably not. By 2013, just 11 percent of salaried workers qualified for overtime pay, according to a report published by the Economic Policy Institute. And so business owners like me have been able to make the other 89 percent of you work unlimited overtime hours for no additional pay at all.


In my defense, I’m only playing by the rules—rules written by and for wealthy capitalists like me. But the main point is this: These are rules that President Barack Obama has the power to change with the stroke of a pen, and with no prior congressional approval. The president could, on his own, restore federal overtime standards to where they were at their 1975 peak, covering the same 65 percent of salaried workers who were covered 40 years ago. If he did that, about 10.4 million Americans would suddenly be earning a lot more than they are now. Last March, Obama asked the Labor Department to update “outdated” regulations that mean, as the president put it in his memo, “millions of Americans lack the protections of overtime and even the right to the minimum wage.” But Obama was not specific about the changes he wanted to see.


So let me be specific. To get the country back to the same equitable standards we had in 1975, the Department of Labor would simply have to raise the overtime threshold to $69,000. In other words, if you earn $69,000 or less, the law would require that you be paid overtime when you worked more than 40 hours a week. That’s 10.4 million middle-class Americans with more money in their pockets or more time to spend with friends and family. And if corporate America didn’t want to pay you time and a half, it would need to hire hundreds of thousands of additional workers to pick up the slack—slashing the unemployment rate and forcing up wages.


But here’s a little secret from the corner office: The arguments that the corporate lobbyists are making—about how badly business will be hurt—just don’t add up. What is adding up instead is the trillions of dollars in corporate profits and stock gains that corporations have made over the same decades that your hours climbed and your wages fell. From 1950 to 1980, during the good old days of U.S. economic might—the era in which the Great American Middle Class was created—corporate profits averaged a healthy 6 percent of GDP. But since then, corporate profits have doubled to more than 12 percent of GDP.




That’s about a trillion dollars more a year in profit. And since then, wages as a percentage of GDP have fallen, you guessed it, by about the same 6 percent or 7 percent of GDP. Coincidence? Probably not. What very few Americans seem to understand is that that extra trillion dollars isn’t profit because it had to be, or needs to be or should be. That extra trillion dollars is profit because powerful people like me prefer it to be. It could have been spent on your wages. Or it could have gone into discounts to you, the consumer. We capitalists will tell you that our increasing profits are the result of some complex economic force with the immutability and righteousness of divine law. But the truth is, it is simply a result of a difference in negotiating power. As in, we have it. And you don’t.




Still, it’s hard to blame the administration for doing so little to defend middle-class workers when most middle-class workers aren’t even aware that they’re being ripped off. But I know. And a lot of other business owners know. We just don’t talk about it. You see, we capitalists will never actually ask you to work overtime. I don’t even track your hours. I just make it clear that I trust you to get your job done in the time allotted. And then I hand you twice as much work as you can reasonably do in a 40-hour week. But this downward pressure on wages doesn’t end there.




whole article




Whatever Happened to Overtime? - Nick Hanauer - POLITICO Magazine
 

gopher

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Interesting that Hanauer says Obama has done nothing but dates the origin of the decline to the year 1980 when Reagan came into the White House and unions started to decline. He says Obama can change all this with the stroke of a pen but fails to note that the Constitution specifically gives Congress exclusive control over commerce via the Commerce Clause:



The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”