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 16, 2026 5:22 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
U.S. Appeals Court Opinion Criticizes Supreme Court Precedents That Undermine Economic Freedom
Legal scholar Orin Kerr provides excerpts from the concurring opinion today in Hettinga v. United States, in which Judge Janice Rogers Brown (joined by Judge Sentelle) argues that the Supreme Court should overturn its rational basis caselaw in the economic area and return to a Lochner-era regime of judicial scrutiny for economic regulations: The practical effect of rational basis review of economic regulation is the absence of any check on the group interests that all too often control the democratic...
For the tax-weary: a free e-book from Acton!
Since your wallets are probably a bit lighter due to Tax Day here in the United States, Acton wants to help out by giving you a free e-book: Globalization, Poverty and International Development. Just follow the link, Globalization, to get our monograph from Lord Brian Griffiths delivered free to your Kindle or e-reader. This offer is available beginning at 3 a.m. EST, 4/17/12 until 3 a.m. EST, 4/19/12. ...
Finding the Proper Balance Between Subsidiarity and Solidarity
Subsidiarity has es shorthand for smaller government, while solidarity is now shorthand for expansive government. But as Msgr. Charles Pope explains, there is more nuance to the terms than the reductionist slogans suggest: Precise meanings have been lost – The problem that has emerged is that Catholics, and others, have taken these terms into the political arena and, as might be expected, these rather careful and nuanced Catholic terms have been reduced more to slogans, and are fast losing their...
Slum Dwellers in India Save for Private Schooling
As Michelle Kaffenberger points out, parents in the poorest parts of India share a concern of many Americans: Their children don’t actually learn much in the public schools. A recentEconomistarticle states that between a quarter and a third of school children in India attend private schools. In India’s cities, experts estimate as many as 85 percent of children attend private schools. According toanother report, 73 percent of families in Hyderabad’s slum areas send their children to private schools. Additionally, private...
Continuing to Remember the Poor
All they asked was that we should continue to remember the poor, the very thing I had been eager to do all along. Galatians 2:10 NIV This video is part of an extended interview with Rev. Dr. John Dickson (Director, Centre for Public Christianity and Senior Research Fellow, Department of Ancient History, Macquarie University) for The Faith Effect, a project of World Vision Australia. (HT: Justin Taylor) Update: I should also add that a useful collection of primary texts on...
Can Anything Good Come from Hollywood?
How mon good and prosperity e from an unlikely place. An interview with Gary Stratton by Jon Hirst. Today we share an interview with Gary David Stratton, PhD, Chairman of the Christian Ministries Department at Bethel University, Teaching Pastor at Basileia Hollywood, Senior Editor at , and Director of the Hollywood Bezalel Initiative. You can follow Gary on Twitter @GaryDStratton. What happens when you mix Hollywood, the local church and academia? Few would imagine such a concoction, but that amazing...
Catholic Bishops Defend Religious Liberty
The United States Conference of Catholic Bishops’ (USCCB) Ad Hoc Committee for Religious Liberty released an Easter week statement titled “Our First, Most Cherished Liberty.” The document outlines recent threats to religious liberty in the States and abroad while endorsing an ing “Fortnight for Freedom” to defend what it calls “the most cherished of American freedoms.” We suggest that the fourteen days from June 21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to July 4, Independence...
The Paradox of Public Education
Schools are controlled by the government, but they serve munities with niche needs, says Paul T. Hill, founder of the Center on Reinventing Public Education. Is there a way that education be publicly funded but privately managed? Public education struggles with two conflicting facts. First, public schools are small craft organizations that require close teamwork and constant adaptation to the unpredictable development of students. Second, they are government agencies always subject to constraints imposed through politics and legal processes. In...
What Sam Spade Can Teach Social Entrepreneurs
The noir heroes like Sam Spade in “The Maltese Falcon” served as models for a generation of Americans, says David Brooks. The new generation of apolitical social entrepreneurs could learn from them too: . . .[T]he prevailing service religion underestimates the problem of disorder. Many of the activists talk as if the world can be healed if we could only insert more passion and resources into it. History is not kind to this assumption. Most poverty and suffering — whether...
Samuel Gregg — Benedict XVI: God’s Revolutionary
The pope turns 85 today. On the website of Crisis Magazine, Acton Research Director Samuel Gregg looks at this most prominent of “status-quo challengers.” While regularly derided by his critics as “decrepit” and “out-of-touch,” Benedict XVI continues to do what he’s done since his election as pope seven years ago: which is to shake up not just the Catholic Church but also the world it’s called upon to evangelize. His means of doing so doesn’t involve “occupying” anything. Instead, it...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved