Mr. Speaker, I offer a motion to instruct conferees. Mr. Speaker, I yield myself 4 minutes. Mr. Speaker, the House bill does not contain and the Senate Labor HHS bill does contain an important provision which affects millions of American…
Mr. Speaker, I offer a motion to instruct conferees.
Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, the House bill does not contain and the Senate Labor HHS bill does contain an important provision which affects millions of American workers. That provision would preclude the Department of Labor from issuing any regulation that takes away overtime protection from workers who currently qualify for that protection. It would protect rights that workers in this country have had since the enactment of the Fair Labor Standards Act of 1938.
Under the Senate provision, the Department of Labor could proceed with its ongoing rulemaking process and modify the overtime regulations. Example: The department could proceed with making a long- overdue inflation adjustment that guarantees overtime protection for certain low-income workers earning $22,100 a year.
The Department of Labor says that this will result in an additional 1.3 million workers receiving overtime. I do not know if that estimate is right, but we agree with this provision. We, in fact, think that it would add far fewer number of workers than does the Department of Labor. The only shortcoming we see with it is that it does not go far enough and does not even keep pace with inflation, full adjustment to match inflation would require the department to increase the salary threshold in the rule to at least $27,560.
The Senate provision also would not stop the department from clarifying the overtime regulations to update them for the 21st century. For example, by eliminating an achronistic terms such as ``straw boss'' or ``gang leader'' or eliminating job classifications which no longer exist such as ``teamster''. Do not tell that to the Teamsters Union, however.
The Senate provision would provide the same protections to newly hired workers as to current workers. It does not grandfather in current workers but ensures the same overtime protections to all workers in a job classification.
Mr. Speaker, there is general agreement that workers are going to lose overtime protection under the administration's revised regulation. The question is how many will lose that protection? By some estimates as many as 8 million workers who are currently protected will lose that protection. Even if the Department of Labor concedes that a minimum of 644,000 workers currently covered would lose that protection and could be forced to work overtime without being compensated. Whether the number is 644,000 or 8 million, Mr. Speaker, the Bush administration should not put American workers in the position of being forced to work more than 40 hours a week without being paid overtime.
So to reiterate, the Senate provision would simply stop the Department of Labor from issuing a regulation taking away overtime protections from workers who currently have them. The Senate provision is absolutely essential to protect workers' overtime rights. It is not enough that more than 3 million workers have lost their jobs since this administration has taken office. Now the administration apparently wants to cut the pay of a number of workers who still have jobs by cutting their overtime protections. That is clearly not right. It is not fair. I do not think that the public would support it, and I would urge a yes vote on the motion to instruct.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I cannot believe one thing that I just heard. The distinguished gentleman from Ohio (Mr. Regula) I believe said that if this were to be included in the conference report, the White House would veto the bill. I really want to see whether this President has the unmitigated gall to veto this bill because of protections that we place in the bill so that workers do not have to work more than 40 hours a week and still not be paid overtime. I want to see whether the President who has presided over the loss of 3 million jobs in this economy has the unmitigated gaul to then say to those workers, ``Sorry, folks, you've got to work more than 40 hours without collecting overtime.
Now, I believe, given his track record, he would like to do that, but very frankly, I doubt that he has got the moxie to do that in the teeth of the miserable economic performance that he has provided this country on the economic front. It is outrageous to even think that the President would veto this bill over this provision.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I assume that came out of the gentleman's time?
Mr. Speaker, I was not asking that.
Mr. Speaker, I have parliamentary inquiry. I was just trying to determine whether the gentleman's last remarks came out of his time.
Mr. Speaker, I yield myself 30 seconds.
I want to make clear this instruction motion does not prevent the Labor Department substituting the change in regulations that allow additional workers to claim overtime, so that is included in our motion. The only thing we stop is, we stop the President from unilaterally taking away overtime from workers who get it now.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 1\1/2\ minutes.
Mr. Speaker, the gentleman from Georgia always gives a fine speech on the floor. The problem is he just gave a fine speech against a proposition that is not being offered.
The fact is that the motion that we are offering today does, I repeat does, D-O-E-S, does allow the Labor Department regulations that add people to overtime protection. We do accept those updated definitions. What we do not accept is the President unilaterally, without congressional action, knocking off from the overtime protection rolls workers who now have that protection.
The gentleman also says not a single union member will be affected by the Labor Department's suggested rulings. Let me point out two things. First of all, we ought to be worried about all workers, not just union workers; and, secondly, the fact is that right now unions do not have to negotiate this overtime provision in their contracts. Right now they have the protection of the law. If this is removed, then that is just another way that you are going to unbalance the bargaining table against workers by forcing them to have to go back and negotiate something which they have had by right since 1938. I dare the administration to go into any union hall in this country or any working plant in this country and claim to be a friend of workers if they veto this bill over our efforts to stop that kind of unilateral action.
Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts (Mr. Lynch).
(Mr. LYNCH asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 30 seconds.
I will simply repeat again, the effect of this motion does not deny the Labor
Department the right to add a single worker to overtime protections that they provide under their adjustments. All it does is to prevent, to prevent workers who now have that overtime protection from losing it. It is just that simple.
I am the author of the motion. I think I know what it says. I think I know what it means.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Maine (Mr. Michaud).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Iowa (Mr. Boswell).
(Mr. BOSWELL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Bell).
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Linda T. Sanchez).
Mr. Speaker, how much time do we have?
Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Kucinich).
Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. George Miller).
(Mr. GEORGE MILLER of California asked and was given permission to revise and extend his remarks.)
Mr. Speaker, parliamentary inquiry.
Mr. Speaker, is the transcript that is being taken of today's proceedings in English or is it in some other language?
I thank the Chair for that clarification.
Mr. Speaker, I yield myself 30 seconds.
Mr. Speaker, I wanted to make sure that was the case because despite the comments of the gentleman from Ohio (Mr. Regula), under our proposal that we are offering today, any worker who is added to the overtime protection rules by the new proposed rule is, by our motion, allowed to get that overtime protection. The only effect of our motion is to prevent the Department of Labor from knocking people off the overtime protection rules.
I have said it for the fourth time. I think I said it in English. I think the meaning is clear.
Mr. Speaker, I yield 1 minute to the gentlewoman from Oregon (Ms. Hooley).
Mr. Speaker, I yield myself 20 seconds.
Again, that was a nice speech, but it was prepared against a proposition that is not before us. The proposition before us does allow the modernization of the law.
There, I have said it. I have said it five times in a row. It would be nice if someone heard it and paid attention. Otherwise we might as well adjourn because we are talking past each other.
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Hoyer).
Mr. Speaker, I yield myself 1 minute.
Despite the hyperventilation we have just heard, the fact is that there will be up to 8 million workers hurt unless this motion is passed.
No, I will not. The gentleman has had his time to bloviate. This is my time.
As I was saying, Mr. Speaker, the issue is very simple. Are you going to protect the up to 8 million workers who will be knocked out of protection for overtime if this motion does not pass? That is the only issue before us, despite all the other claims to the contrary. In a few short moments, we will see who cares about workers and who does not.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield the balance of my time to the distinguished gentlewoman from California (Ms. Pelosi), the minority leader.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.