First of a couple I will put up as to this plan.This is as presented by Health care workers who will be affected. Feel free to comment or e-mail: wahkonta@graffiti.net Blog On.
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DOL Proposal to Change Federal Overtime Rules
The U.S. Department of Labor published proposed revisions to the Federal Labor Standards Act (FLSA) regulations in the Federal Register on March 31, 2003. The proposed changes would revise the exemptions to the FLSA, including its overtime protections and revise the “duties test” for determining exemptions for administrative and professional employees which would include registered nurses and other health care workers.

The proposed revisions call for raising the minimum weekly pay those salaried workers can earn to qualify as white-collar employees from $156 to $425--$22,100 per year--as well as exempt employees who earn more than $65,000 per year. It also calls for the elimination of the "long-test," which allows employers to classify as exempt employees who devoted no more than 20% of their work week to performing non-exempt duties. Finally it revises the job requirements of administrative and professional employees.

During the public comment period on the proposed rule change, ANA submitted comments raising concerns related to the proposed changes in job classifications that redefine many skilled health care workers as being ineligible for overtime pay. In terms of the administrative positions, the proposed rule implements a new standard which requires the administrative employee to hold a “position of responsibility” with the employer. Registered nurses are licensed professionals who share a responsibility for the outcomes of nursing care therefore nursing by its very nature is in a position of responsibility. This proposed rule could virtually eliminate every registered nurse in an “administrative position” from overtime pay.

The redefinition of who is a learned professional is also a source of concern. Learned professionals are presently exempt if they exercise discretion and independent judgment and perform office or non-manual work which requires knowledge of an advanced type in a field of science. The proposed regulation eliminates the discretion and judgment facet of this test and recognizes knowledge acquired by alternative means, such as a combination of intellectual instruction and work experience. This new definition will add many health care workers including registered nurses to the learned professional exempt category.

Expanding the number of professional workers, such as registered nurses, who are exempt from overtime protections, will lower the marginal cost of overtime work for the employers. In health care institutions, this could encourage the use of mandatory overtime as a staffing strategy. ANA strongly opposes mandatory overtime as it has been widely recognized as one of the major factors contributing to nurses’ job dissatisfaction and the nursing shortage. Mandatory overtime also increases the risk of medical errors and concerns for patient safety. In addition, the proposed income test for white-collar employees, who are paid $65,000 or more annually, will exclude some of the most experienced registered nurses from overtime protections and will undermine efforts to retain these valuable members in the nursing workforce. ANA will continue to monitor the rules as they go through the rule making process.
Sheila Abood, MS, RN
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