[Congressional Record Volume 150, Number 60 (Tuesday, May 4, 2004)]
[Senate]
[Page S4781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             OVERTIME RULES

  Mrs. DOLE. Mr. President, this morning I want to praise the work of 
Elaine Chao and her staff on the final regulations to strengthen 
overtime rules for all Americans. Elaine Chao worked with me when I 
served as Secretary of Transportation, and I know her to be a public 
servant of the highest intelligence and integrity.
  Secretary Chao has identified the problems with outdated regulations 
and has taken the action necessary to rectify them. I admire her 
principled stand on such a controversial issue, and I commend her for 
her foresight in recognizing and working to fix the problems.
  The Fair Labor Standards Act regulations have not been revised since 
1954, but labor forces, as well as employers, have changed dramatically 
over that 50-year period. These updates take into account the economic 
demands of technological advancements, salary growths, and shifts in 
the labor force that have occurred in the past half century, and they 
modernize these regulations for a modern workforce.
  Updating the rules is crucial to the 6.7 million Americans making 
$23,660 or less a year because until now only workers earning less than 
$8,060 annually were guaranteed overtime. The final rule provides a 
greatly needed increase, and, in addition, 1.3 million white-collar 
workers will benefit from their new earnings. The benefits do not stop 
there. More than 5 million workers will enjoy an ironclad guarantee of 
overtime rights, regardless of job duties, under this final rule.
  As a woman well acquainted with labor issues across this Nation, I 
have watched the increase of Fair Labor Standards Act class action 
suits over the years with growing concern. To my dismay, the number of 
suits has almost tripled--tripled--since 1997. Even worse, these 
lawsuits are estimated to cost our economy approximately $2 billion a 
year. The vague language in the laws has allowed an opportunity for 
class action attorneys to render a defense extremely expensive and 
difficult to counter, regardless of how well the employer complies with 
the law.

  These suits have placed even greater pressure on our already 
overburdened judicial system, and they reinforce the need for these 
rules.
  Certain groups out to prevent the Department of Labor from improving 
the rules and making the necessary clarifications have greatly 
exaggerated the effects of the rule. Fortunately, their efforts were 
unsuccessful.
  Critics expressed concern about who is and who is not potentially 
affected by the new rules--why, for instance, a first responder's 
overtime is protected. There is no question that America has a profound 
sense of the significance of our first responders, especially following 
the events of 9/11. This new protection extends to all of our first 
responders, our police officers, firefighters, paramedics, nurses, and 
emergency medical technicians.
  For those who feared team leaders could be unfairly disadvantaged 
under the proposed rules, let me assure you the final rules make it 
clear blue-collar workers who are team leaders are guaranteed overtime 
pay. Additionally, white-collar team leaders will enjoy greater 
protections than they do today.
  I hope my colleagues on both sides of the aisle will give careful 
consideration to the clear benefits these final rules will afford our 
Nation before voting. I believe these final rules are the product of 
constructive feedback that is afforded to all proposed rules through 
the public comment period. In this case, I am told 75,000 to 80,000 
comments were received and analyzed. With the new rules in place, 
workers will clearly know their rights and employers their 
responsibilities.
  Again, I thank Secretary Chao for her extraordinary leadership and 
vision in making millions of low-income workers eligible for overtime, 
updating the antiquated and confusing rules and regulations, and taking 
this important step toward eliminating the billions of dollars in 
lawsuits related to overtime cases.
  I quote from today's Washington Post:

       What's needed now is not to block these regulations but to 
     ensure that they are vigorously enforced with an eye to 
     protecting the vulnerable workers the law was intended to 
     benefit.

  I urge all my colleagues to support this rule and vote no on the 
Harkin amendment.
  I yield the floor.
  The PRESIDING OFFICER. The minority whip.




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