What's that? Some of ya ain't heard about this, yet? Well then, let me catch ya up before I go any further...
H.R. 1406 is a proposed amendment to "the Fair Labor and Standards Act of 1938 to provide compensatory time for employees in the private sector".
Huh. That doesn't sound too bad. Provide- that's a good word. Means somebody's gonna give somebody somethin'. Compensatory- that's just the adjective form of the word compensate. Familiar enough word- still means that somebody's gonna give somebody somethin'.
But, even more good words are gettin' strung together:
"Section 1. Short Title.
This Act may be cited as the 'Working Families Flexibility Act of 2013'".
Hey...! How 'bout that? We're fixin' to get us some flexibility! Now, that has gotta be good. They even call us by our Collective Name- Working Families! Yeah, Buddy! That's us- Blue Collar, the Middle Class, Backbone of the Nation, the Nose-to-the-Grindstoners. And damn proud of it!
In a nutshell, this amendment would give private employers and their employees the same option that is already written into the Law for public employers/employees, namely, the opportunity to opt to receive time off in lieu of overtime pay. And, it would be one and one half the time off, just like the time and a half rate for overtime pay. Boy, can't be nothin' wrong with this deal. Sounds perfectly fair...
(My current employer offers somethin' similar, only at an hour for hour trade. I've used this a few times. Can be helpful, handy. And no Act of Congress necessary. Hmmm...)
I can see how this could be great: Work a shitload of overtime, bank back somethin' like a couple weeks, and take a really great vacation. Sweet!
No, wait. My money's kinda tight. I'd just wind up with a buncha extra days off with no extra cash. I reckon a big vay-cay is most likely out.
But still- I could work a shitload of overtime, then just tell the boss that I'm gonna take a chunk of the Summer and hang out with the Wife and Kids, or maybe Dad. That wouldn't cost much. Yep, just pick my days and tell 'em I won't be in.
No, wait. It says here in "Section 2, Subsection (7), Use of Time", that "An employee- (A) who has accrued compensatory time off authorized to be provided under paragraph (1); and (B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer."
"...permitted by the employee's employer..."? This makes it sound like they're doin' me a favor.
"...within a reasonable period..."? Boy, this is, like, wide-open to interpretation, just not my interpretation.
"...if...does not unduly disrupt..."? Okay. So, I can earn it, and I can ask for it, but the Company doesn't have to allow me to take it?
Damn. Sorta hard to plan much with that hangin' out there.
Seems like they have all the control when it comes to me usin' my time. Now it just doesn't seem much like my time anymore. Soundin' a whole lot like time the Company can tell me to stay home when it suits 'em.
Well, so maybe I am at the mercy of the Company when it comes to when I take my time, but they still gotta let me take it. It's mine. That's the deal, right? Right?
Hold it. Didn't catch this on the first couple reads... "Section 3, (C), Excess of 80 Hours.- The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at anytime after giving the employee at least 30 days notice." So, the Company holds the right to take away my compensatory time and just cash me out if they decide that this is what's gonna work out best for them. To Hell with my plans to hang out with Dad, or get that pesky hernia surgery I've been puttin' off for fear of missin' too much work. My employer can decide that they would just rather gimme my money, after all. And, they get to hold my money for thirty more days before they cut me a check? Startin' to feel like there's a thumb on the scales, and it sure ain't my thumb. Christ, ain't even my scales!
Alright. If they can be like that, then I may just tell 'em I want cashed out right now damnit! My money. My choice. Earned it weeks, or even months earlier! Yep! Uh... nope. Wait a minute... "Section 3, (E), Written Request.- 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..." What the Hell?!! Again- 30 days! So, when the Company wants to cash me out, the Company gets 30 days to do it. And, when I decide I want to be cashed out, the Company gets 30 days to do it! Gettin' kinda hard to see just when this is considered to be workin' in my favor...
Thank The Lord I won't be bound to somethin' that's this one-sided! Right? Uh-oh... Nope, nope, ain't exactly true... "Section 2, (B) , Conditions.- ...in the case of employees who are not represented by a labor organization that has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee and affirmed by a written or otherwise verifiable record... (i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary compensation..." Okay. I ain't no lawyer, but I'm fairly sure that this just described a legal contract.
Clues? "...agreement arrived at...", "...affirmed by...", "...verifiable record...". So, to have even the possibility of compensatory time off, I gotta enter into this agreement that affords me absolutely no definitive say as to what actually takes place?
This whole thing ain't soundin' so much like the Big Favor that I thought it was at the start. Favors don't typically involve a bindin' legal agreement.
Well, I ain't stupid. This amendment does afford me one thing. Says right here that I ain't even gotta play this game if I don't wanna... "(E) WRITTEN REQUEST- An employee may withdraw an agreement described in paragraph (2)(B) at any time." How 'bout that? I'll just take extra money from now on when I work over. That's the reason I work, anyway- 'cause I need money! Wait a minute- If I decide I don't wanna participate, then whose to say that I just won't be offered any more overtime work? But that wouldn't be fair, would it? Oh yeah... "Section 2, (3) Hour Limit, (D) POLICY- Except where a collective bargaining agreement provides otherwise...", "Section (2), (B), Conditions- ...in the case of employees who are not represented by a labor organization..." Crap, forgot about that- I ain't a member of a Labor Union, so the decision of who gets to work overtime (and who doesn't) is strictly up to The Man. If I say I don't wanna play, they ain't gotta offer me jack in the way of any more overtime. And I have no recourse- no grievance process, no nothin'. I reckon that has somethin' to do with why they keep bringin' it up: They don't have to be fair.
I think I've looked at this hard and long enough. There are still a number of points and scenarios I haven't shared with y'all, but they all point to the same conclusion: Regardless of the positive name they've chosen to hang on this devious piece of legislation, it's obvious to me that it has little, if anything, to do with helpin' me and those like me. It ultimately only succeeds in removin' Choice and Opportunity from the Toolkit of the Workin' Man, and places virtually all Power and Decision-Makin' regardin' this in the Hands of the Company.
The Company can "allow" me to accrue compensatory time, but there is nothin' forcin' them to "allow" me to take it. Sure, they may have to cash me out at some point in the future, but that only means that I have been forced to loan them the overtime pay that I earned, interest free, for potentially months and months. What a nice plus for their cash flow!
Or, if it goes my way, then I have only succeeded in workin' extra hours for no money at all.
This was already passed in the House on May 8, 2013, along party lines-
Ayes (that means "For")
Republicans- 220
Democrats- 3
Noes (that means "No". Stupid way to spell it...)
Republicans- 8
Democrats- 196
It was referred to Committee in the Senate the next day, May 9, 2013...
Hey! I just realized that I left out one really important detail- this piece of "legislation" has been introduced by the Republican Party. Yep, that same buncha Good Ol' Boys and Girls that haven't offered up a single piece of legislation regardin' Jobs, not one, but have wasted a shitload of time and our Taxpayer Money, voting thirty-seven times to repeal the President's Affordable Health Care Act, that was already passed and signed into Law! Ridiculous. Pathetic.
Seems kinda obvious that these folks have completely forgotten what they were elected to do, and now have only one goal: Contradict our President, no matter what the Cost to our Economy, our Country, or it's People. Oh yeah, they actually are workin' hard on that one other thing- Protectin' the Wealthy and Their Money...
The Engine has jumped the rails at a hundred miles an hour.
This Crew has become Masters of Obstruction and Architects of Deceit. They are the "Man Behind the Curtain", confusin' and overwhelmin' us with Truckloads of Bullshit, Hate, and Misdirection. We are bein' played and are ignorant of the Rules of the Game.
Chip, chip, chip. Chippin' Away...
But, to me, the most terrifyin' part? Most of us seem to be Absolutely Oblivious to What is Really at Stake.
Ya scared? Should be.
I know I am...
Fish
Footnote- The entire text of the amendment can be found here, as well as a number of other places. (You may also want to examine the original bill.)
http://www.govtrack.us/congress/bills/113/hr1406/text
Keep bringing the message, my friend. This is good stuff! At some point Americans will get it, but I fear it will be too late. The Republican Party is very adept at convincing their followers ("The Lemmings") that what they do is for their greater good. If you are a 1%'er, then yes, it is for your benefit. I just wish people could ignore their misdirection and truly see what is going on...
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