2016: Schweikert Voted To Delay The Obama Administration's Rule Increasing The Income Threshold For Overtime Eligibility From $23,660 To $47,476. In September 2016, Schweikert voted for legislation that delayed implementation of the Obama administration's overtime rule. According to Congressional Quarterly, the legislation would have "delay[ed], from Dec. 1, 2016, to June 1, 2017, implementation of a Labor Department overtime rules revision that would [have] raise[d] the income threshold under which workers are automatically eligible for overtime from an annual salary of $23,660 to $47,476." The vote was on passage. The House passed the bill by a vote of 246 to 177, but the Senate took no substantive action on the legislation. [House Vote 574, 9/28/16; Congressional Quarterly, 9/28/16; Congressional Actions, H.R. 6094]
Under The 1938 Fair Labor Standards Act, Those Who Work More Than 40 Hours Per Week Then Earn Time And A Half For All Work Above 40 Hours Per Week, Except Exempted Employees. According to Congressional Quarterly, "The Fair Labor Standards Act of 1938 established a national minimum wage and introduced the 40-hour workweek, guaranteeing 'time and a half' for overtime work performed beyond 40 hours a week for most workers. That overtime requirement generally applies to all workers except those who are 'exempted,' as determined by the Labor Department." [Congressional Quarterly, 9/27/16]
Current Threshold Provides Overtime Protection For Just 7 Percent Of Full-Time Workers, Compared To 62 Percent In 1975. According to Congressional Quarterly, "In issuing its rule, the administration noted that the existing salary threshold provides guaranteed overtime to just 7% of full-time salaried workers based on their pay, compared with 62% in 1975. It also notes that under the existing threshold, workers earning less than the poverty line for a family of four can be earning too much to automatically qualify for overtime." [Congressional Quarterly, 9/27/16]
Rule Would Provide For A Revision Of The Salary Threshold Every Three Years By Resetting It At The 40 Percent Threshold. According to Congressional Quarterly, "The rule, which is set to become effective on Dec. 1, 2016, provides for the salary threshold to be automatically updated every three years by resetting it at the updated 40th percentile figure. It also allows up to 10% of the standard salary level to be composed of nondiscretionary bonuses, incentive payments and commissions. The administration's new rule does not, however, change the duties test for executive, administrative and professional employees (therefore allowing employers to continue classifying as exempt from overtime certain employees who make more than the revised salary threshold)." [Congressional Quarterly, 9/27/16]
The Salary Threshold Has Only Been Raised Once Since The Mid 1970's Meaning Fewer Workers Are Protected By It, Meaning More American Workers Are Effectively Working Longer Hours -- Thus Spending Less Time With Their Families -- Without Earning Extra Pay. According to Congressional Quarterly, "Opponents of the bill, primarily Democrats, say the rules should not be delayed because they will help restore the original intent of the Fair Labor Standards Act and provide fairness to millions of American families, including those now under the poverty level. They say that because the salary threshold for overtime has been updated only once since the mid-1970s, more and more American workers are being denied overtime and are effectively forced by employers to work longer hours for no extra wages while losing valuable time they could be spending with their families." [Congressional Quarterly, 9/27/16]
Koch Brothers Backed Organization, American For Prosperity, Urged Representatives To Vote Yes And Included The Vote In Their Annual Scorecard. [Americans for Prosperity, 114th Congress Scorecard]