Tuesday, December 22, 2009

Overtime pay being denied many!

I just opened up an email and discovered in it a story about the large number of workers suing over unpaid wages.

In 1999, the U.S. Supreme Court took up a case (Alden v. Maine) involving overtime pay, but really the question was regarding sovereign rights. Could the state of Maine be forced into its own courts? The case involved employees of the state of Maine who had been denied overtime. Judges wouldn't let them get through in state of federal courts in Maine. The decision of the U.S. Supreme Court was narrow, 5-4 against the probabiton officers, one whose name was John Alden. Justice Souter wrote an awesome dissent.

The U.S. Secretary of Labor, it was mentioned in the decision, could have filed a lawsuit on behalf of citizens of Maine, but didn't. Maybe it's time for one now. Actually, I don't believe that overtime pay is a constitutional right; so let this federal "Act" be held unconstitutional. Mandatory overtime pay (which is 1.5 times employee's regular pay rate) is an interference by government into contracts between employers and employees. It's no wonder that the U.S. Supreme Court has never held the mandatory O.T. pay rate unconstitutional though; I mean it allows the government to collect all that much more payroll taxes from us.  

No comments:

Post a Comment