Jottings By An Employer's Lawyer

Friday, March 10, 2006

Rolling Back the Clock? Not Going to Happen

One of my favorite websites, the aptly titled, has an interesting post about one of more recent attempts to take advantage of the FLSA, Arise, ye prisoners of high-paid brokerage jobs, which details efforts of well compensated stock brokers to pick up a little more spare change by claiming that they were improperly classified as exempt under the wage and hour law, and so should be paid overtime.

The post ends with the plaintive request:
Could we please, please get Congress to revisit the antediluvian FLSA and start preparing to repeal parts of it that make no sense today, or never made sense in the first place?
That thought, and thoughts about other statutes that really don't work well has often crossed my mind. My conclusion -- unlikely. In the 30 years I have been doing this, I have yet to see an employment statute rolled back by Congressional action. Given the nature of modern day politics, I don't think that is going to change.


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