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View Diary: Shock Doctrine: While RW screams conspiracy theories House GOP votes to END OVERTIME PAY for workers (177 comments)

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  •  Certainly (1+ / 0-)
    Recommended by:
    MKSinSA

    This:

    (4) PRIVATE EMPLOYER ACTIONS- An employer that provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of--

                    ‘(A) interfering with such employee’s rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or

                    ‘(B) requiring any employee to use such compensatory time.

    and this"
    SEC. 3. REMEDIES.

        Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended--

            (1) in subsection (b), by striking ‘(b) Any employer’ and inserting ‘(b) Except as provided in subsection (f), any employer’; and

            (2) by adding at the end the following:

            ‘(f) An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.’.

    Anything else I can help you with?

    The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

    by SpamNunn on Tue May 14, 2013 at 04:34:26 PM PDT

    [ Parent ]

    •  Yeah, you can. (4+ / 0-)

      nowhere does this compel the employer to PAY OVERTIME WAGES.

      It says:

      shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of--

                      ‘(A) interfering with such employee’s rights under this subsection to request or not request compensatory time off

      In other words, the employer cannot tell the employee he can't request it.

      And while you're at it, tell us EXACTLY HOW the employee should "collect" under this pile of verbal diarrhea:

      ‘(f) An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.’.
      You can admit you're full of shit, for starters. Nowhere does this compel an employer to actually PAY overtime WAGES. The closest it comes is to say "liquidated damages", which infers that the employee has to sue to get said damages.

      So try again. If you're going to continue to insist it says something it doesn't, you'll continue to be lying.

      "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

      by lunachickie on Tue May 14, 2013 at 04:50:38 PM PDT

      [ Parent ]

    •  I didn't think you could (2+ / 0-)
      Recommended by:
      jbsoul, cassidy3

      show exactly where an employer is compelled to pay OT wages.

      Because the language used does not compel that.  

      I'd like to see the person who rec'd you show this, since you can't.

      "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

      by lunachickie on Tue May 14, 2013 at 06:08:39 PM PDT

      [ Parent ]

      •  I can't teach you to read within the constraints (0+ / 0-)

        of a comment box, especially when you don't want to learn.   You have decided it means what you think it means.  End of dialogue.

        The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

        by SpamNunn on Tue May 14, 2013 at 06:12:49 PM PDT

        [ Parent ]

        •  Yeah, I didn't think you could (1+ / 0-)
          Recommended by:
          jbsoul

          why bother continuing to jerk off in a thread you've had your ass handed to you in? Run away, little spammer. Just run away....

          "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

          by lunachickie on Tue May 14, 2013 at 06:14:34 PM PDT

          [ Parent ]

          •  The obligation to pay wages is not an obligation (0+ / 0-)

            that is addressed in this law, which only permits an employee to request comp time in lieu of wages.   The obligation to pay wages for time worked is addressed in other laws and regulations.   I can't show you, in the text of the law, where the obligation to pay an employee wages for time worked arises. It's not there.   I shouldn't have to show you that, as no one can seriously question whether or not you are entitled to be paid for your work.

            The law says that the employer may not require the employee to make the choice to take comp time in lieu of wages.  If the employee rescinds a request to take comp time in lieu of compensation, the law expressly states that the employer must pay the employee.  

            You are quite rude and ignorant.   Now, I will run away, swiftly, as I chose not to interact with you anymore.

            The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

            by SpamNunn on Tue May 14, 2013 at 06:24:32 PM PDT

            [ Parent ]

            •  Of course you can't! (0+ / 0-)

              Yet you insisted that is what it said. So you lied and/or you were wrong.

              And now you're really going away this time.  Right?

              "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

              by lunachickie on Tue May 14, 2013 at 06:31:42 PM PDT

              [ Parent ]

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