Bill Statistics

The Middle Class Position

The middle class supports.

How They Voted

51% with middle class
44% against middle class
4% did not vote
Pie Chart

Grades

Grade C
House

The House receives a grade of C for its support of the middle class on this piece of legislation.

223 Representatives voted for the middle-class position; 193 voted against.

H.AMDT. 734 TO H.R. 5006

Overtime Compensation Amendment of 2004 (House vote)

Introduced:
09.09.2004 [House]
House: Yea-223, Nay-193
Amendment passed the House but was deleted from the final bill in Conference Committee.
The Legislation: 

The Overtime Compensation Amendment would reverse recent regulatory changes to the Fair Labor Standards Act of 1938 that limit American workers’ right to be paid overtime. On April 23, 2004, the Department of Labor (DOL) issued regulations that would deny overtime pay to millions of middle-class employees earning $65,000 or more. The DOL also changed technical definitions of eligibility for overtime, making it possible for companies to reclassify salaried workers making between $23,660 and $100,000 without changing their actual job duties, newly depriving these middle-class workers of overtime pay. Another rule change would deny overtime pay to employees with certain advanced education or specialized training. While the DOL concluded that the eligibility modifications would affect only 1.3 million workers currently receiving time-and-a-half, according to an independent study, six million American workers would be affected by the changes. The DOL rule changes do extend new overtime guarantees to some low-income workers, although this extension has a number of loopholes enabling employers to dodge the protections. The House amendment is attached to the appropriations bill for the Departments of Labor, Health and Human Services, and Education, while an identical amendment in the Senate is attached to the American Jobs Creation Act, a corporate tax cut bill. Although both bills that incorporated the overtime amendments were signed into law, the overtime pay provisions from the amendments were stripped out before final passage.

The Middle-Class Position: 

The Middle Class Supports: As an essential portion of many “blue-collar” and “white-collar” workers’ annual salary—as much as a quarter of weekly take-home pay—overtime compensation is vital to the economic stability of millions of middle-class American families. The workers most dramatically affected by the overhaul in overtime regulations are people with middle-class jobs, from the financial services industry to nursery school teachers, pharmacists and insurance claims-adjusters. The DOL regulations that would be blocked by the Overtime Compensation Amendment would compromise hard working Americans’ ability to support themselves and their families and further weaken the American middle class. Support of these amendments, blocking the DOL regulations, helps strengthen working families.

From the Experts: 

“Overtime pay is what makes the difference between working for a living and just living to work.” —John Sweeney, President, AFL-CIO (August 23, 2004)

“These new regulations represent the largest middle-class pay cut in history.”—Nancy Pelosi, House Democratic Leader (August 20, 2004)

“All families are struggling to make ends meet in this poor economy—especially single mothers. What happens when she has to work several hours of overtime a week in her so-called ‘management’ position but doesn’t receive proper compensation to pay for the babysitter?” —Kim Gandy, President, National Organization of Women (August 23, 2004)

Beyond this Bill: 

Since March 2003, when the Department of Labor first proposed stripping overtime pay protection from millions of American workers, majorities in both the House and Senate have voted repeatedly to maintain the right to overtime pay. Despite this bipartisan support, the Bush administration has resolutely insisted on eroding overtime protection, threatening to veto any bill that restores it. President Bush has never had to veto any bill; each time legislation restoring overtime pay is passed, Congress backs down and removes the language from the final bill. Legislators who truly stand with the middle class will not only vote in favor of restoring overtime in 2005 but will act to make sure that overtime provisions remain in the final bill.

Maine New Hampshire Vermont Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland West Virginia North Carolina South Carolina Georgia Florida Alabama Mississippi Tennessee Virginia Kentucky Ohio Indiana Michigan Illinois Wisconsin Louisiana Arkansas Missouri Iowa Minnesota Oklahoma Kansas Nebraska South Dakota North Dakota Texas Colorado New Mexico Arizona Utah Wyoming Hawaii Alaska Montana Nevada Idaho California Oregon Washington