overtime

Tom Conway: OT rules put lives at risk and strain families

The paper mill town of Madawaska, Maine

—Photo by P199

Via OtherWords.org

She only wanted a few hours at her dying mother’s bedside. But her bosses at Twin Rivers Paper, in Madawaska, Maine, forced her to work overtime on her day off. About an hour and a half into the mandatory shift, the woman’s mother died.

Workers are battling harder than ever to end this appalling mistreatment. They’re fighting back against mandatory overtime requirements that strain families to the breaking point and put lives at risk.

“It’s definitely caused a lot of heartache,” said David Hebert, financial officer and former president of United Steelworkers (USW) Local 291, one of three USW locals collectively representing about 360 workers at Twin Rivers.

USW members have long warned paper companies about the need to increase hiring and training to keep facilities operating safely. Yet some employers prefer to work people to the bone. Workers at Twin Rivers work a base shift of 12 hours — and each can be drafted for an additional 12-hour shift every month.

Even worse, a 12-hour shift can be extended with six hours of mandatory overtime without warning. Workers are often forced to pull multiple 18-hour days a week, especially when winter cold and flu season exacerbates the company’s intentional understaffing.

“People really hold their breath at the end of their shift,” explained Hebert. The coworker who lost her mother, for example, learned at the end of an 18-hour shift that she’d have to report the following day for overtime.

Other workers experience their own heartaches when unpredictable schedules leave them unable to make plans with their families or force them to miss graduations, anniversaries, birthday parties, or holiday gatherings.

“Family is the only reason we go into these places. I want to spend time with them, too,” said Justin Shaw, president of USW Local 9, which represents workers at Sappi’s Somerset Mill, in Skowhegan, Maine.

“You’ve got many people who work seven days a week,” with some required to log 24 hours at a stretch, Shaw said. “If we had better staffing levels, we wouldn’t have people working outrageous hours.”

Besides the toll it takes on family life, excessive overtime compounds risk in an industry that exposes workers to hazardous chemicals, fast-moving machinery, super-hot liquids and huge rolls of paper.

“It only takes a split second to lose a finger, an arm, or a life,” Shaw said, warning that extreme fatigue also puts workers at risk while commuting. “I’ve had many drives home that I can’t recall over half the ride. We have had many individuals in the ditch or wreck vehicles trying to keep up with the demands.”

A bill in Maine would limit mandatory overtime to no more than two hours a day and require employers to provide a week’s notice before mandating extra hours or changing a worker’s schedule.

The legislation places no caps on voluntary overtime, nor would it apply to true emergencies when a mill needs extra hands to avert “immediate danger to life or property.” But it would end the capricious usurping of workers’ lives that now occurs because the industry refuses to hire enough people.

Union members also continue to drive change at the bargaining table. Some workers are pushing to create “share pools” of workers whose role is to fill in where needed on a given shift.

“Share pools” virtually eliminated mandatory overtime at the Huhtamaki facility in Waterville, Maine, where workers once had to put in so many hours that some slept in their cars rather than commute home, said Lee Drouin, president of USW Local 449.

Drouin said other paper companies also need to realize that change is essential for workers but benefits them as well. “The mills have to understand, this is not going to go away,” he said. “To me, it makes a lot more sense to have happy workers and safe workers.”

Tom Conway is the international president of the United Steelworkers Union (USW). This article was produced by the Independent Media Institute and adapted for syndication by OtherWords.org.

Richard Kirsch: An overdue fix to overtime

There are a lot of ways that businesses are squeezing worker pay. Here’s a big one.

On the one hand, millions of Americans are stuck in low-paying part-time jobs that don’t offer them enough hours.

On the other, millions more are now routinely forced to work over 40 hours a week without getting a dime for their overtime labor. In many cases, that’s because employers are paying hourly wage workers as if they were salaried professionals.

There used to be a big distinction between hourly and salaried employees. That wasn’t by accident.

In 1938, Congress passed the Fair Labor Standards Act, which forced bosses to pay workers a minimum wage and time-and-a-half for any hours worked over 40 a week. That law was key to building America’s middle class.

Only a small percentage of employees — executives, administrators, and travelling salespeople, among others — were exempt from overtime.

Yet since figuring out who was eligible for overtime proved complicated, regulators settled on one rule that trumps them all: weekly salary. By having a clear rule on salary level, it’s much harder for employers to avoid paying overtime.

In 1975, for example, employers were required to pay overtime to anyone on a salary of less than $155 a week. That covered 7 out of 10 workers.

But that salary limit hasn’t kept up with inflation or changes in the workforce. As a result, many businesses have been putting anyone with even minor “management” responsibilities on salary.

For example, a federal court found that a clerk at a Dollar General store — who worked 50 hours or more a week stocking shelves and mopping floors — could be considered a salaried “manager,” since she was responsible for minding the store.

Today, if your salary is more than $455 a week — that’s just $23,660 a year — you can be forced to work long hours without any extra pay, let alone time-and-a-half. As a result, instead of 7 of 10 workers being eligible for overtime, now it’s only 1 in 10.

Last March, President Obama told the Department of Labor to modernize the regulation covering who gets overtime. “Because these regulations are outdated,” he acknowledged, “millions of Americans lack the protections of overtime and even the right to the minimum wage.”

To restore this pillar of middle-class income, regulators should once again ensure that 7 out of 10 workers are covered. That’s the best way to close the loopholes that businesses will use to cheat workers out of overtime.

To do that, the Department of Labor should set the new cap to at least $1,327 a week, or $69,000 a year. That level would do what the law was intended to do — namely, to distinguish between workers and bosses.

As a result, 10 million workers would get more money in their wallets to spend boosting the economy in their communities.

In addition to increasing the weekly salary amount, the Labor Department should modernize the rules so that the so-called “managers” at fast food restaurants, clothing outlets, and discount stores — who may be responsible for supervising their co-workers but don’t have any real executive authority — get overtime as well.

Closing the overtime loophole could also increase the earnings of millions of part-time workers. Rather than paying time-and-a-half to employees they’re currently forcing to work unpaid overtime, many businesses are likely to increase the hours worked by part-time employees who are eager to work more.

Overtime pay is key to restarting the middle-class engine of our economy. It’s past time for the Department of Labor to act.

As long as it delays, millions of workers will continue to be cheated by big businesses out of a fair share of the wealth their labor helps to create.

Richard Kirsch is a senior fellow at the Roosevelt Institute and the author of ''Fighting for Our Health: The Epic Battle to Make Health Care a Right in the United States''. He’s also a senior This was distributed via OtherWords.org.