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 21, 2026 12:59 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
Why Christians in Business Should Read Poetry
Writing for the Harvard Business Review, my friend (and coauthor) John Coleman argues that business professionals can benefit from reading poetry. While his article is not directed at people of faith, I think his claims are particularly relevant to Christians in the business world: Poetry can also help users develop a more acute sense of empathy. In the poem “Celestial Music,” for example, Louise Glück explores her feelings on heaven and mortality by seeing the issue through the eyes of...
Work as Service and Servant
I recently pondered what e of the global economy if we were to to put God at the forefront of our motives and decision-making. The question came as a reaction to Tim Keller, whose recent book calls on Christians to challenge their views about work. By re-orienting our work to be a “servant” instead of a “lord,” Keller argues, we will actually find more fulfillment in the work that we do. Keller’s main point in the video I discussed was...
Economics is Too Important to be Left to Economists
I rather like Serene Jones’ piece in Huffington Post, “Economists and Innkeepers.” Jones got some things right. She knows that Christian Scripture teaches many economic lessons, like subsidiarity and stewardship (although she doesn’t use those terms.) She says, “Economic theory is replete with theological and moral assumptions about human nature and society” and that is correct. As Istituto Acton’s Kishore Jayabalan reminds us, Things like the rule of law, a tradition of equality for the law, which should cut down...
Something Vastly More Powerful Than Evil
In his latest Forbes column, Rev. Robert A. Sirico explains why despite the tragedy in Newton we can speak of joy during this Christmas season: When we ask our bewilderedwhy? –we are not looking for data points.Even less should we offer glib responses in the face of this shattering loss – this modern-day slaughter of the innocents. We are, instead, seeking themeaningin the face of thismysterium iniquitatis.The meaning we seek is not so much the significance of evil as the...
When I Grow Up
“What do you want to be when you grow up?” That’s mon question asked of children the world over. ChildFund International has put out their global survey of children for 2012, and that’s one of the questions they asked, with some intriguing results. When asked, “If you could grow up to be anything you wanted, what would you be?” there were some rather remarkable disparities between the answers of children in the developed and the developing world. Kids in the...
Should We Tax Volunteer Work for Charities?
During the debate about how to resolve the fiscal cliff crisis, lawmakers on both sides have considered reducing the charitable tax deduction. That strikes many people as the wrong approach (especially those of us who work for non-profits!) even though we may not be able to explain why it’s such a bad idea. Fortunately, John Carney has provided a superb explanation for why reducing or removing this deduction is counterproductive. For instance, changing the charitable deduction as Carney notes, has...
Social Engineering Makes For Poor Economic Policy
Writing over at The Atlantic, American Enterprise Institute scholar Christina Hoff Sommers shares the unsettling story of what a growing number of Swedish activist groups and political factions are attempting to do to “traditional” gender roles. Is it discriminatory and degrading for toy catalogs to show girls playing with tea sets and boys with Nerf guns? A Swedish regulatory group says yes. The Reklamombudsmannen (RO) has reprimanded Top-Toy, a licensee of Toys”R”Us and one of the largest panies in Northern...
Conservation and Entrepreneurial Environmentalism
I found this profile of Mark Tercek, the former Goldman Sachs managing director who was tapped to head the Nature Conservancy, raises some profound issues concerning the relationship between economics and the environment: Tercek, 55, e to the Conservancy to fight financial brush fires. With the help of his board and the input of the Conservancy’s 600 scientists, he wants to remake the face of the American and global environmental movements. He has no quarrel with the current model—largely built...
Court: Justice Dept. Can’t Just Say ‘Trust Us, Changes Are Coming’
“There is no, ‘Trust us, changes ing’ clause in the Constitution,” wrote Judge Brian Cogan in his ruling issued two weeks ago against a Justice Department motion to dismiss the Archdiocese of New York’s lawsuit against the HHS mandate. “To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction.” More federal judges ing to the same conclusion. Earlier this week a federal appeals court in Washington,...
Free Kindle Ebook: ‘A Field Guide to the Hero’s Journey’
Acton is offering a free Christmas gift: a free Kindle download of the new book, A Field Guide to the Hero’s Journey. The book, co-authored by Jeff Sandefer and Rev. Robert Sirico, has been called a “the modern ‘how-to’ for entrepreneurs working on plishing big things” by Andreas Widmer, and is a terrific book not only for adults but for young people. You can also listen to the authors discussing their collaboration on this book on this Radio Free Acton...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved