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DesideriScuri -> RE: republicans dry fucking the middle class......AGAIN... (5/24/2013 6:11:10 AM)
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ORIGINAL: DesideriScuri
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ORIGINAL: RottenJohnny
I wonder what bean-counter came up with this idea?
It's funny, actually. A former brother-in-law of mine used to brag about getting his comp time.
I'm going to have to read the bill itself before I can add more.
Oh, this is just, well, typical Owner59 ignorance.
So, HR 1406 is amending 29 USC 207, the Fair Labor Standards Act of 1938.
Here is the text of HR 1406. (not a fucking anti-anything-Republican Liberal spin video)
Here is 29 USC 207.
If you open both (different windows/tabs), you'll be able to compare the House passed legislation to current law. I just want to point out a couple things to help the rest of you on your foray into the alleged Republican "dry fucking" of the Middle Class:- HR 1406 Section 2 states: "Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
Yes, this is adding to the FLSA of 1938, not detracting from, or changing any sections of the current law.
- 29 USC 207 subsection (o) regards compensatory time and applies to "[e]mployees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency."
- HR 1406 would add subsection (s) that begins by stating, "Compensatory Time Off for Private Employees..."
Yes, people. The Republicans are dry fucking the Middle Class by coding into US labor law that comp time already enjoyed by public employees (which included the aforementioned former brother-in-law) is also available to employees of private companies. The HORRORS! [8|]
According to Subsection (s) Paragraph (4):quote:
Private employer actions.--An employer that provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of--``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or
``(B) requiring any employee to use such compensatory time.
So, employers cannot force an employee to request comp time, nor can an employer prevent an employee from requesting comp time.
Yes, use of comp time requests can be denied if the comp time off would place undue hardship on the company. Correct me if I'm wrong, but isn't that also the case for other "vacation time?"
Also according to HR 1406, the maximum comp time legally allowed is 160 hours, and an employer does have the option of not allowing more comp time to accrue past 80 hours (those hours would be paid at the OT rate that applies).
And, if the dry fucking wasn't already enough, those damn Republicans added this little gem:quote:
(Paragraph)(6) Rate of compensation.--``(A) General rule.--If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than--``(i) the regular rate received by such employee when the compensatory time was earned; or
``(ii) the final regular rate received by such employee, whichever is higher. (emphasis added)
Not only can yo accrue up to 160 hours of compensatory time that you can use like vacation time, but whatever time you didn't use in the previous calendar year will be paid by Jan 31st of the current year at your current rate of pay, or the rate of pay you were getting paid when the comp time accrual occurred, whichever is higher. No, there is no interest paid on the distribution (video did get that right), but if you get a raise before Jan 31st, all your comp time would be more valuable than it was while you were accruing it. And, as an added "fucking" to the Middle Class, if you were to get pay cut, any comp time accrued prior to the pay cut would still be paid out at the pre-cut pay rate.
In a nutshell, HR 1406 allows for Comp Time opportunities for employees of private organizations, just like they are for employees of public organizations.
Taking all the facts into account, sure makes you want to be "dry fucked" like this more, doesn't it?
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