About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

7 U. Pa. J. Lab. & Emp. L. 119 (2004-2005)
Solving the Bluish Collar Problem: An Analysis of the DOL's Modernization of the Exemptions to the Fair Labor Standards Act

handle is hein.journals/upjlel7 and id is 127 raw text is: Comments SOLVING THE BLUISH COLLAR PROBLEM: AN ANALYSIS OF THE DOL'S MODERNIZATION OF THE EXEMPTIONS TO THE FAIR LABOR STANDARDS ACT Regan C. Rowant Who should be eligible for overtime is a hot economic and political issue.1 The Fair Labor Standards Act (FLSA), passed in 1938, is the primary federal legislation governing national wage-and-hour standards. Adopted to neutralize the twin evils of overwork and underpay,3 the FLSA establishes substantive, nonwaivable rights to a minimum hourly wage and to overtime premium pay at a rate of 150% (time and a half) for work over forty hours in a workweek.4 Since the enactment of the FLSA, so called white-collar employees have been exempted from the overtime protections provided by the statute.5 During the 1930s and 1940s, in a principally agrarian and manufacturing- oriented economy, the white-collar exemptions were easy to administer: white-collar workers had clearly defined decision making responsibilities, were closer to management, and were paid better than they are today.6 These workers were middle class in income, outlook, attitude, and life t Candidate, J.D. 2005, University of Pennsylvania Law School. 1. Ann Zimmerman, Big Retailers Face Overtime Suits As Bosses Do More 'Hourly' Work, WALL ST. J., May 26, 2004, at Al. 2. Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2000). 3. Overnight Motor Transp. Co. v. Missel, 316 U.S. 572, 578 (1942); see 81 CONG. REc. 4983-84 (1937) (statement of President Franklin D. Roosevelt) (stating that the FLSA's purpose is to help those who toil in factory and on farm to obtain a fair day's pay for a fair day's work). 4. 29 U.S.C. §§ 206-207. 5. 29 U.S.C. § 213(a). 6. See Michael A. Faillace, Automatic Exemption of Highly-Paid Employees and Other Proposed Amendments to the White-Collar Exemptions: Bringing the Fair Labor Standards Act into the 21st Century, 15 LAB. LAW. 357, 358 (2000) (describing characteristics of white-collar workers at the time the FLSA was adopted).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most