WASHINGTON — President Obama
this week will seek to force American businesses to pay more overtime
to millions of workers, the latest move by his administration to
confront corporations that have had soaring profits even as wages have
stagnated.
On
Thursday, the president will direct the Labor Department to revamp its
regulations to require overtime pay for several million additional
fast-food managers, loan officers, computer technicians and others whom
many businesses currently classify as “executive or professional”
employees to avoid paying them overtime, according to White House
officials briefed on the announcement.
Mr.
Obama’s decision to use his executive authority to change the nation’s
overtime rules is likely to be seen as a challenge to Republicans in
Congress, who have already blocked most of the president’s economic
agenda and have said they intend to fight his proposal to raise the
federal minimum wage to $10.10 per hour from $7.25.
Mr.
Obama’s action is certain to anger the business lobby in Washington,
which has long fought for maximum flexibility for companies in paying
overtime.
In
2004, business groups persuaded President George W. Bush’s
administration to allow them greater latitude on exempting salaried
white-collar workers from overtime pay, even as organized labor
objected.
Conservatives
criticized Mr. Obama’s impending action. “There’s no such thing as a
free lunch,” said Daniel Mitchell, a senior fellow with the Cato
Institute, who warned that employers might cut pay or use fewer workers.
“If they push through something to make a certain class of workers more
expensive, something will happen to adjust.”
Marc
Freedman, the executive director of labor law policy for the U.S.
Chamber of Commerce, said the nation’s overtime regulations “affect a
very wide cross section of employers and our members.”
“I expect this is an area we will be very much engaged in,” Mr. Freedman said.
Mr.
Obama’s authority to act comes from his ability as president to revise
the rules that carry out the Fair Labor Standards Act, which Congress
originally passed in 1938. Mr. Bush and previous presidents used similar
tactics at times to work around opponents in Congress.
The
proposed new regulations would increase the number of people who
qualify for overtime and continue Mr. Obama’s fight against what he says
is a crisis of economic inequality in the country. Changes to the
regulations will be subject to public comment before final approval by
the Labor Department, and it is possible that strong opposition could
cause Mr. Obama to scale back his proposal.
Cecilia
Muñoz, the director of the White House Domestic Policy Council, said
the effort was part of Mr. Obama’s pledge to help workers thrive. “We
need to fix the system so folks working hard are getting compensated
fairly,” she said on Tuesday evening. “That’s why we are jump-starting
this effort.”
The
overtime action by Mr. Obama is part of a broader election-year effort
by the White House to try to convince voters that Democrats are looking
out for the middle class. White House officials hope the focus on
lifting workers’ pay will translate into support for Democratic
congressional candidates this fall.
Since
the mid-1980s, corporate profits have soared, reaching a post-World War
II record as a share of economic output. The profits of the companies
in the Standard & Poor’s 500 have doubled since the recession ended
in June 2009, but wages have stagnated for a vast majority of workers in
the same period. Recently, workers’ wages fell close to an all-time low
as a share of the economy.
In 2012, the share of the gross domestic income that went to workers fell to 42.6 percent, the lowest on record.
Under
current federal regulations, workers who are deemed executive,
administrative or professional employees can be denied overtime pay
under a so-called white-collar exemption.
Under
the new rules that Mr. Obama is seeking, fewer salaried employees could
be blocked from receiving overtime, a move that would potentially shift
billions of dollars’ worth of corporate income into the pockets of
workers. Currently, employers are prohibited from denying
time-and-a-half overtime pay to any salaried worker who makes less than
$455 per week. Mr. Obama’s directive would significantly increase that
salary level.
In
addition, Mr. Obama will try to change rules that allow employers to
define which workers are exempt from receiving overtime based on the
kind of work they perform. Under current rules, if an employer declares
that an employee’s primary responsibility is executive, such as
overseeing a cleanup crew, then that worker can be exempted from
overtime.
White
House officials said those rules were sometimes abused by employers in
an attempt to avoid paying overtime. The new rules could require that
employees perform a minimum percentage of “executive” work before they
can be exempted from qualifying for overtime pay.
“Under
current rules, it literally means that you can spend 95 percent of the
time sweeping floors and stocking shelves, and if you’re responsible for
supervising people 5 percent of the time, you can then be considered
executive and be exempt,” said Ross Eisenbrey, a vice president of the
Economic Policy Institute, a liberal research organization in
Washington.
Jared
Bernstein, the former chief economic adviser to Vice President Joseph
R. Biden Jr., and the former executive director of the White House Task
Force on the Middle Class, embraced Mr. Obama’s move.
“I
think the intent of the rule change is to make sure that people working
overtime are fairly treated,” he said. “I think a potential side effect
is that you may see more hiring in order to avoid overtime costs, which
would be an awfully good thing right about now.”
Mr.
Bernstein, now a senior fellow at the Center for Budget and Policy
Priorities, a liberal research group, and Mr. Eisenbrey wrote a paper
last year urging the administration to raise the salary threshold for
overtime to $984 a week. Their study estimated that in any given week,
five million workers earning more than the current threshold of $455 a
week and less than $1,000 a week are likely to be exempted from
overtime. President Bush raised the threshold to $455 in 2004.
Mr.
Bernstein said, “Remember, inflation has eroded this threshold a great
deal over the years, so it’s hard to see why it’s unfair to make that
adjustment.”
White
House officials said that in California an employer cannot deny
overtime pay to a salaried worker who makes less than $640 a week. In
New York, the threshold is $600 a week. Under recently passed laws, the
California threshold is set to rise to $800 per week in 2016, and the
New York threshold to $675.
If
the changes to the overtime regulations are made, it will fall to the
Labor Department’s wage and hour administrator to put them into effect.
That position has been vacant since Mr. Obama took office. David Weil, a
professor at the Boston University School of Management, is the latest
nominee for the post. He is awaiting confirmation.
This is silly. The market will force these changes within the next 2 or 3 years.
ReplyDeleteThere are currently about 10,000 Baby Boomers retiring per day. Now with Obamacare available, people who were holding on to a gig they didn't want for the insurance coverage will also bail. Demand for a skilled workforce should spike in the next 2 or 3 years. Wages, performance incentives, benefits, should rise accordingly.