This American (Working) Life

What is your average workweek? According to the Organisation for Economic Co-operation and Development over sixty six percent of women and eighty-eight percent of men in America work over 40 hours each week (4). Yet not everyone receives overtime pay. Executives, teachers, managers and others are not required by law to receive overtime pay (U.S. Cong. Federal Labor). These and other professions are labeled exempt from the Fair Labor Standards Act. An exempt profession, when put on a salary, is not protected by the FLSA and can work as many hours as required with no extra compensation. According to a new bill, S. 1747 The Computer Professionals Update Act , legislators would extend these exemptions to other IT professions (27-31). In a time when it is hard to find anyone with a good opinion of congress, why would any senator propose a bill that would take away protections for IT workers? At first glance, such a proposal seems enraging and a quick internet search leads to many IT bloggers and forum posts from employees that are upset by it. Though to find out why more exemptions to the FLSA are being considered, we need to look at the FLSA itself.

When Franklin D. Roosevelt asked Frances Perkins to be his Secretary of Labor in 1933 she replied that she would only accept if “she could advocate a law to put a floor under wages and a ceiling over hours of work and to abolish abuses of child labor.” (U.S. Dept. of Labor. History) After President Roosevelt agreed Frances Perkins, with the help of lawyers, created the first draft of the FLSA. The bill set a minimum wage, governed by a wage board, and cap on hours.

However, there were no exemptions in the initial bill. Exemptions to the bill were championed by two union leade...

... middle of paper ...

... Of Law & Public Policy 32.3 (2009): 997-1013. Academic Search Premier. Web. Mar 26, 2012

National Archives and Records. Department of Labor. Federal Register 69.79 (23 Apr. 2004)

22122-22190. Web. 25 Mar. 2012.

---. Department of Labor. Federal Register 76:13 (20 Jan. 2011) 3637-3638. Web. 25 Mar. 2012

Organisation for Economic Co-operation and Development “LMF2.1: Usual Working Hours Per Week By Gender” http://www.oecd.org/dataoecd/30/40/43367847.pdf OECD., 11 Apr. 2011. Web. Mar. 35, 2012.

United States Congress. Proposed Bill S.1747 “Computer Professionals Update Act.” Library of

Congress, 20 Oct. 2011. Web. 25 Mar. 2012.

---. “Fair Labor Standards Act of 1938, As Amended” U.S. Department of Labor Wage and Hours Division, May 2011. Web. 25 Mar. 2012.

---. “Small Business Job Protection Act of 1996.” Library of Congress, 29 May 1996. Web.

25 Mar. 2012