Home
/
RELIGION & LIBERTY ONLINE
/
5 Ways Obama’s New Overtime Rule Will Harm Workers
5 Ways Obama’s New Overtime Rule Will Harm Workers
Jan 8, 2026 3:35 PM

In announcing the Obama administration’s new overtime rule (for more on this news, see this explainer), Vice President Joe Biden panies will “face a choice” to either pay their workers for the overtime that they work, or cap the hours that their salaried workers making below $47,500 at 40 hours each work week.

“Either way, the worker wins,” Biden said.

Biden has held political office for more than four decades, and yet he has still not learned one of the most basic and important concept in economic and political policy: consider that which is unseen.

As Frederick Bastiat explained 125 years before Biden first took office,

In the department of economy, an act, a habit, an institution, a law, gives birth not only to an effect, but to a series of effects. Of these effects, the first only is immediate; it manifests itself simultaneously with its cause—it is seen. The others unfold in succession–they are not seen: it is well for us, if they are foreseen. Between a good and a bad economist this constitutes the whole difference—the one takes account of the visible effect; the other takes account both of the effects which are seen, and also of those which it is necessary to foresee.

If Biden, President Obama, and the others in the administration were better economists, they might have forseen the following five consequences of this disastrous policy:

1.It will cause low-productivity workers to lose their jobs —Imagine you’re an employer faced with a choice: you can pay an employee $913 a week or you can pay them $1,084 a week for the same amount of work. Which would you choose? All things being equal, you’d naturally pay the $913 and save nearly $9,000 a year in labor costs.

Now imagine you are an employee making $913 a week, but it takes you 45 hours a week to plish what some others can do in 40. What happens to you under the new FLSA rule? You lose your job. Rather than pay you for five extra hours of overtime, the employer will simply replace you with someone who can get the work done in under 40 hours.

2. It will lead to reductions in salaries —Let’s again consider the scenario above, but this time assume that the workload takes 45 hours a week. Previously, a single salaried employee was getting paid $913 a week plete the task. But now the cost would be $1,084. How can the employer continue to pay $913? By hiring two part-time employees.

This expectation of employer behavior has been repeatedly confirmed.Donald J. Boudreaux and Liya Palagashvili of the Mercator Center observe that, “Studies in the United States have found that employers reacted to the introduction of overtime payment rules by decreasing the base salaries of affected workers. In Japan, researchers have found that workers who were not exempt from overtime payment rules earned on average a lower base salary than their exempt counterparts, and often also worked shorter hours.”

3. It will lead to more lawsuits —There is one group that is sure to benefit from the new rule: litigators.

Compliance with FLSA rules on overtimes is already difficult and costly. AsKira Bindrim notes, “The number of FLSA cases filed in US district courts has already skyrocketed, to 8,781 in 2015 from 4,039 a decade earlier. Overall, the FLSA caseload has increased by more than 400% since 1996.”

The average cost to settle a case: $5.3 million.

To avoid paying millions, most employers will err on the side of caution by taking actions that will likely hurt employees. Still, the increase in affected workers means thatovertime lawsuits will increase substantially, making lawyers richer panies — and the people who work for them — much poorer.

4. It will lead to fewer salaried positions —Some employers are willing to pay an employee a fixed salary (plus benefits) because it is easier to account for a fixed labor costs than a variable costs that fluctuates and spikes due to changes in the factors of labor (e.g., seasonal increase in sales).

But the Obama administration has made that less attractive for employers. They now have a strong incentive to eliminate certain salaried positions and replace them with an hourly wage. As House Speaker Paul Ryan said, “By mandating overtime pay at a much higher salary threshold, many small businesses and non-profits will simply be unable to afford skilled workers and be forced to eliminate salaried plete with benefits, altogether.”

5. It willincrease college tuition costs and student loan debt — As Linda Harig, vice president of human resources for the University of Tennessee, tells the Washington Post, the university will “need to spend an additional $18 million to afford overtime pay for employees who would e eligible under the new guidelines, such as admission staff, hall directors and people with post-doctoral positions.” That’s the equivalent of a 4.3 percent increase in tuition.

Colleges will have to pay more in salaries, which requires raising the cost of tuition. And since so many students are having to take loans out to pay for their education, their debt load will increase.

These are but five obvious examples of the ways the worker doesn’t “win.” There are numerous others that can just as easily be foreseen.

So why then does the Obama administration not acknowledge this reality? Do they truly not see how this rule will detrimentally affect workers? Or are they simply more interested in giving the appearance of helping workers rather than taking actions that will actually improve the conditions of the working class?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
John Paul II: a Protestant tribute
Those who know me are not surprised to learn that I sincerely admired Pope John Paul II for many years. At first, like many Protestants, I saw him only as the pope, thus as a person standing in some kind of opposition to my own Christian faith. After I began to grasp what I believed about the Creed’s affirmation regarding “one, holy, catholic church” I found my heart melted to love all Christians everywhere. It was not hard for me...
.xxx domain proposal fails, x3
The effort to create a top-level domain suffix for adult Web sites has failed, for the third time (HT: X3). ICANN voted 9-5 to defeat the proposal, which was roundly opposed by an unlikely alliance of religious groups and the adult entertainment industry. The proposal would have created a new “.xxx” suffix that would have allowed voluntary participation of adult content providers. Many in that line of work are concerned that such a voluntary program could e mandatory, “pushing them...
New Call of the Entrepreneur website
is now open to the public. Stop on by for the latest updates on Acton’s new documentary, The Call of the Entrepreneur. You can view the trailer via YouTube or watch a higher resolution version via the “View the Trailer” tab. Find out where the premieres will be, or request to host a screening by visiting the “Premiere Information” tab. To see a little bit more about the people featured in the documentary, visit the “About the Film” tab....
A Psalm for Holy Week
Psalm 22 – A Cry of Anguish and Song of Praise – A Psalm of David 1My God, my God, why hast thou forsaken me? why art thou so far from helping me, and from the words of my roaring? 2O my God, I cry in the daytime, but thou hearest not; and in the night season, and am not silent. 3But thou art holy, O thou that inhabitest the praises of Israel. 4Our fathers trusted in thee: they trusted,...
Climate Conspiracy Theory (w/apologies to CS Lewis)
MY DEAR WORMWOOD, It is indeed fortunate that Our Father has seen fit to quech our appetites in another way and put you in a new role despite your losing in quite dramatic style your former patient to our Enemy. At least you have the good sense to continue our counsel together. I note what you say about your patient’s apparent obsession with things terrestrial and that you’ve been taking care that he sees a good deal of his apoplectic...
EPA must examine climate change link
The Supreme Court ruled today (5-4) in the case of Massachusetts v. EPA (05-1120) “that the federal government had the authority to regulate greenhouse gases that may contribute to global warming, and must examine anew the scientific evidence of a link between those gases and climate change.” Toward the end of last year some were arguing that “this case is not about the science of climate change. There is no dispute that human emissions of greenhouse gases affect the global...
‘Reverse’ subsidies
A couple weeks ago the NYT magazine ran a piece by contributing writer Tina Rosenberg, which attempts to outline some of the ways in which “everyone in a wealthy nation has e the beneficiary of the generous subsidies that poorer countries bestow upon rich ones.” What does she mean? In “Reverse Foreign Aid,” Rosenberg asserts that there are five major forms of poor-to-rich international subsidy. The first is the tendency among poorer nations to build-up great reserves of hard currency,...
Europe’s amnesic anniversary
Despite all the hoopla surrounding the 50th anniversary of the Treaty of Rome, all is not well with the dream of a united Europe — at least as it’s envisioned by the political class and Brussels technocrats. In addition to its ongoing economic malaise, the European Union still seems unable to fully acknowledge its cultural, religious and political roots. “People who suffer from amnesia have great difficulty making sound choices about the future because they do not know where they...
A one-size-fits-all approach to charity regulation?
Anyone concerned with good governance in the nonprofit sector — and it’s independence — should read the updated draft report on “principles of effective practice” issued by Independent Sector. The group has been working closely with the Senate Finance Committee, which for the past two years has been investigating abuses in the world of charities and nonprofits. The abuses, which usually involve excessive pensation and lavish perks, pop up with dreary regularity. A good example of this is what’s been...
Faith-based organizations measure success
Here’s a mended read for anyone interested in measuring the effectiveness of a faith-based charity. The Heritage Foundation has published a special report titled, e-Based Evaluation: Faith-Based Social Service Organizations and Stewardship” by Patrick F. Fagan, Ph.D., Claudia Horn, Calvin W. Edwards, Collette Caprara, and Karen M. Woods — Acton’s former Director of Effective Compassion. Summary: e-based evaluation has the potential to engender a revolution of increased effectiveness in the mu­nity and to debunk skeptics’ claim that faith-based programs are...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved