Recent Posts

Atrocious ruling blocks new overtime rule

by Dan Burns on November 28, 2016 · 1 comment

greedThis is beyond despicable.

To be clear, nationwide injunctions from federal judges are rather extraordinary measures but they have recently become commonplace in the 5th Circuit, where conservative federal judges have routinely used them to block Obama’s policies on issues ranging from immigration to transgender bathroom access to federal contracting rules and now overtime pay.
(Daily Kos)

Over 4 million workers nationally will lose out if this ruling stands. I was unable to find an estimate for how many of those are in Minnesota.
For some time now, viciously fanatical right-wingers have had success using conservative judges to keep good things from happening. There are currently over 90 openings in the federal judiciary that the Trump administration will now be able to fill, and undoubtedly will fill with right-wingnuts, who will do their utmost to block any progressive legislation or executive action on sight, for decades to come.

I don’t mean by any of this to suggest that progressives should just give up. But we need to be reality-based and aware of what we’re really up against.
Comment below fold.

From Mac Hall: The judge’s order put Obama’s Executive Order on hold … which would have been eliminated as part of Trump’s Day One Agenda. So what was going to take place on December 1st does not have to happen … the judge’s decision appeared to signal that he’ll soon toss the rule altogether with a summary judgment and permanent injunction. That would leave it up to the Trump administration whether to appeal (to a conservative Ninth Circuit that would likely oppose the rule)
To Republicans this is just another example of The Imperial Presidency of Obama … taking action without Congressional approval.
Which should lead to the question … why hasn’t Congress taken action ?
They don’t like it that Obama acted to double the salary limit (to $47,476 before OT is required to be paid) … it must be mentioned that he announced his intent to do this in 2014 and it took this long to go through the review and approval phrase when Congress could have done something different.
Their inaction has included a proposal to phase in the increase amount (maybe in steps over 3 or 5 years and in wage steps like from $23,660 to $35,984) … with the effort being led by … wanna guess …. Blue Dog Democrats including Collin Peterson who joined with Kurt Schrader (D-OR) to offer H.R. 5813 Overtime Reform and Enhancement Act which has been assigned to John Kline’s committee … signing on as a co-sponsor is Tom Emmer.

BTW … In September, House Republicans passed H.R. 6094, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act (246-177. Five Democrats were among those voting for it) which would delay the implementation of the Obama rule for six months
So, you get the picture … Republicans have friendly Democrats who are willing to allow business to take advantage of workers.
The one good thing that has happened is that since some businesses knew this was coming they have already changed some policies and pay … so they may be hard pressed to reverse course now … for example, Wal*Mart had raised managers pay to $48,000 to keep them above the limit and have said they will not revert back.
Regarding your overall comment on judges … it really is true what Trump said — “Have no choice, sorry, sorry, sorry. You have no choice” — if you want conservative judges on the courts, they had to vote for him. That was true … and now, WE will pay for those judges being packed in the lower courts for decades.

Comments on this entry are closed.

Previous post:

Next post: