The Family Friendly Workplace Act, a new bill written by U.S. Sen. John Ashcroft, R-Mo., will allow employees to substitute overtime for regular work hours if passed.
Introduced on Jan. 21, the bill could be decided on as soon as May 1, said Preston Conner, president of the National Association of Part-Time and Temporary Employees (NAPTE) of Shawnee, Kan.
According to Ken Chaney, a NAPTE representative, an estimated 3.6 million contingent workers (temporary employees, part-time employees and independent contractors) may be affected by this legislation.
NAPTE is a voluntary membership association that focuses on the socioeconomic interests of these workers. In addition to serving as an advocate of flexible schedules and a voice for today’s nontraditional work force, NAPTE offers a variety of services, including an interim health program that caters to the economic needs of students.
The $10-per-year service is extended until clients are officially enrolled into a company’s health plan.
Chaney said NAPTE does not endorse the Family Friendly Workplace Act as proposed for a number of reasons, some of which are listed here:
No protections are provided for temporary workers, part-time employees and seasonal employees. Employers may be tempted to “churn” workers to avoid overtime pay. Compensation time will be substituted in the short run, and workers will have to pursue their overtime pay.
Employers are earning interest and dividends on delayed overtime payments due to workers.
Employers will have more power and influence over hours and terms of employment. Implied consent to substituting compensation time for overtime pay may be a term of employment. Workers’ schedules may be unduly disrupted.
According to Conner, educating the public on the difference between compensation work time and flexible work time is vital if laborers want to avoid paying a premium of 50 percent more per hour for taking extra time off in compensation time. Even salaried workers can be docked for work time spent at a doctor’s or dentist’s office.
Conner said large corporations, stockholders and labor-intensive industries are the primary benefactors of the legislation.
“This bill is a Trojan horse,” Conner said. “While workers want greater flexibility in their lives, this legislation is ultimately an assault on their pocketbook. We can achieve flexibility without taking away pay. A lot of low-wage earners depend on overtime pay. This bill puts that income in limbo. This stealthlike legislation has no protections for the most economically vulnerable.”
NAPTE encourages all concerned workers to contact their representatives immediately. Sen. Barbara Boxer can be reached at (202) 224-3553, and Sen. Dianne Feinstein at (202) 224-3841.
For more information on NAPTE, you can reach its headquarters at P.O. Box 3805, Shawnee, KS 66203. You can also call (913) 962-7740 or e-mail NAPTESERV@aol.com.
