The Fair Labor Standards Act: A Historical Sketch of the Overtime Pay Requirements of Section 13(a)(1) Page: 46 of 93
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CRS-41
service." So, Senator Kennedy stated, the Administration added the military training
provision "banning them from receiving overtime."179
A Dialogue with the Department of Labor. A Departmental response was
not immediate, but a DOL spokesperson later stated that "no veterans will be affected
unless they are professionals."180 To critics, however, the affirmation may have
begged the question since at issue was how the concept of professional would be
defined and how it would be applied to veterans once they were discharged and
reentered the civilian labor force.
Later, under date of January 27, 2004, Secretary Chao addressed a letter to
Speaker Dennis Hastert (R-IL) in which she affirmed that the "'white collar
exemptions' do not apply to the military. They cover only the civilian workforce."
She added that "nothing in the current or proposed regulation makes any mention of
veteran status" and the proposed rule "will not strip any veteran of overtime
eligibility." Ms. Chao argued that "military personnel and veterans are not affected
by these proposed rules by virtue of their military duties or training." And she
charged that critics of the proposed rule were trying "to confuse and frighten
workers."181 Similarly, Assistant Secretary Victoria Lipnic reportedly asserted:
"This is a new low in the disinformation campaign against the Department of Labor's
proposal to strengthen overtime pay protection for workers."182
"No one is claiming that the rule affects the military force," countered Senator
Kennedy. "The issue is [that] the veterans who leave the military to work in the
civilian workforce would lose overtime protections because they have had training
in the Armed Forces." The provision expanding the definition of learned
professional to persons who have received "training in the armed forces," the Senator
stated, "is new language. It is not in the current regulations. The only purpose is to
take away overtime for veterans." The proposed regulation is not concerned about
"people who are in the military" but, rather: "It is after they get out that they are
going to be subject to this."183
179 Congressional Record, Jan. 23, 2004, p. S212. Sen. Hillary Clinton (D-NY),
Congressional Record, Jan. 22, 2004, pp. S136-S137, would argue that the Administration
was "breaking faith with our veterans."
180 Helen Dewar, "Senate Passes Funding and Democrats Relent," The Washington Post,
Jan. 23, 2004, p. A5.
181 See Congressional Record, Feb. 2, 2004, p. S351-S352, for the text of the Secretary's
letter to Speaker Hastert. Rep. Sam Johnson (R-TX) also had Ms. Chao's letter printed in
the Congressional Record, Feb. 4, 2004, p. H368, taking the occasion "... to denounce an
effort by Big Labor to scare our Nation's veterans and service men and women into thinking
the Department of Labor is out to take away their overtime." He added: "It is a sad day
indeed when the men and women of our forces are exploited for political gain."
182 Lipnic is quoted by Leigh Strope, "Unions Say Veterans Risk Losing Overtime,"
Chattanooga Times Free Press, Jan. 30, 2004, p. C2.
183 Congressional Record, Feb. 2, 2004, p. S352.
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Whittaker, William G. The Fair Labor Standards Act: A Historical Sketch of the Overtime Pay Requirements of Section 13(a)(1), report, May 9, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc820733/m1/46/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.