[pefloresjr]

Why does the Maine government need to mess with the free market?  What's wrong with, "Hey, if you want to drive our fish to market you may be asked to work some long hours when we get busy and we don't pay an overtime rate."  The answer could be, "Sure, I understand," or "No thanks, I'm going to work for the other guy that does pay overtime."

The problem in many of these cases is that the workers are fine with their compensation until they get canned (pun intended).  Then they lawyer up and seek overtime pay going back 10 years.

Seriously?  The Fair Labor Standards Act was passed nearly 80 years ago in 1938 to help eliminate manufacturing and industrial sweatshops where poverty wage employees had to work 10-16 hours per day just to try to survive.  Do we really want to turn back the clock to those times by relying on the free market to set things right?  Those workers in the 30s, just like workers today, weren't really fine with the way things were, they had no choice if they wanted to have a job at all.  I absolutely agree that labor protections can sometimes be abused and the law needs to account for that, but overtime pay, sick leave, paid vacation that can't be taken away when you leave a job, and parental leave that allows workers to keep their jobs when they have children are good improvements that are central to the well being of all of our citizens, even lowly wage earners.  I say this as a person who worked for many years on the employer side in labor law. 

The overtime exemptions in Maine are, like those in many states, based on historical labor practices in industries that often operate on pretty small profit margins and rely on low wage workers.  They're not really intended to prevent workers from being lazy and slowing down to get overtime pay.  Employers are still allowed to have and enforce performance standards.  I think it isn't likely that the Maine law is truly about the perishable nature of the food because marketing is included and other exemptions, such as those for auto mechanics and car salespeople, are clearly based on historical practice or on industry influence with the legislature.

I guess I just don't see the appeal of going back to labor practices from a hundred years ago even if current labor protections can sometimes be abused. 

Also, to wrap back around completely, I am always in support of the Oxford comma.  A little extra clarity never hurt anyone. 

Cheers,
Pete F.

[pefloresjr]

Why does the Maine government need to mess with the free market?  What's wrong with, "Hey, if you want to drive our fish to market you may be asked to work some long hours when we get busy and we don't pay an overtime rate."  The answer could be, "Sure, I understand," or "No thanks, I'm going to work for the other guy that does pay overtime."

The problem in many of these cases is that the workers are fine with their compensation until they get canned (pun intended).  Then they lawyer up and seek overtime pay going back 10 years.

Seriously?  The Fair Labor Standards Act was passed nearly 80 years ago in 1938 to help eliminate manufacturing and industrial sweatshops where poverty wage employees had to work 10-16 hours per day just to try to survive.  Do we really want to turn back the clock to those times by relying on the free market to set things right?  Those workers in the 30s, just like workers today, weren't really fine with the way things were, they had no choice if they wanted to have a job at all.  I absolutely agree that labor protections can sometimes be abused and the law needs to account for that, but overtime pay, sick leave, paid vacation that can't be taken away when you leave a job, and parental leave that allows workers to keep their jobs when they have children are good improvements that are central to the well being of all of our citizens, even lowly wage earners.  I say this as a person who worked for many years on the employer side in labor law. 

The overtime exemptions in Maine are, like those in many states, based on historical labor practices in industries that often operate on pretty small profit margins and rely on low wage workers.  They're not really intended to prevent workers from being lazy and slowing down to get overtime pay.  Employers are still allowed to have and enforce performance standards.  I think it isn't likely that the Maine law is truly about the perishable nature of the food because marketing is included and other exemptions, such as those for auto mechanics and car salespeople, are clearly based on historical practice or on industry influence with the legislature.

I guess I just don't see the appeal of going back to labor practices from a hundred years ago even if current labor protections can sometimes be abused. 

Also, to wrap back around completely, I am always in support of the Oxford comma.  A little extra clarity never hurt anyone. 

Cheers,
Pete F.