An archaic law creates lawsuit hell
Posted by BrianNearly everyone in this country is familiar with the 40 hour work week and the federal mandate that employers must pay certain employees overtime for hours in excess of the weekly limit. The law, known as the Fair Standards Labor Act, was passed in 1938 in part to encourage businesses to hire more workers by making it prohibitively expensive to have existing workers toil more than 40 hours. It excluded what were viewed as “white collar jobs” that involved supervision or “independent judgment.”
Now that more and more jobs are being turned into thoughtless, “just follow the script” type operations thanks to philosophies like Six Sigma the number of people who are - or at least are supposed to be - covered by the FSLA is growing. Also, many companies have tried to skirt overtime pay rules by giving managerial titles to workers who can scarcely be differentiated from rank and file workers.
Well, lawyers are starting to turn violations of the FSLA into a veritable printing press. The article is worth a read - who knows, you might realize that you’re entitled to overtime pay and didn’t know it (or maybe you’re too proud to admit it).
My thoughts: The FSLA is an unnecessary law that should be scuttled. If you are willing to do a job for another person or company for a mutually agreed upon fee then you should be allowed to do so. Government intrusion is not necessary.
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November 11th, 2007 at 4:03 pm
“thoughtless, “just follow the script” type operations thanks to philosophies like Six Sigma”
What do you think of Six Sigma &c - management fads or useful tools?
November 11th, 2007 at 5:22 pm
Like most fads they have a place and purpose. Unfortunately eager managers get caught up in the hoopla and try to apply them inappropriately. Much like mass production did away with a great many craftsmen similar practices applied to “white collar” jobs kill off innovation. Look what happened to 3M.
November 11th, 2007 at 7:15 pm
From BW (thanks for the link - good article):
“whether the relentless emphasis on efficiency had made 3M a less creative company. That’s a vitally important issue for a company whose very identity is built on innovation.”
3M was -THE- model case study for product development when I was in school…
“it’s not uncommon for Six Sigma to become an end unto itself”
Our Uncle Sugar sure has taken too much of a liking to it… I get perturbated by some of the TQM, Six Sigma, whatever misapplications. It seems like mere sloganeering.
I’m more of a fan of CMM (organizational tools) for development.
Back on topic - there have been times when I would have made more, on an hourly basis, if I’d been working at McDs. Just like the topical BW article says…