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 18, 2026 4:48 AM

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
Garnett on the future of religious liberty
What is the future of religious liberty?Religious Freedom Restoration Act (RFRA) type laws, says Richard Garnett, a law professor at the University of Notre Dame. In any society where there is (a) religious and moral diversity and (b) an active, regulatory welfare state, there will — necessarily — be conflicts and tensions between (i) duly enacted, majority-supported, generally applicable laws and (ii) some citizens’ religious beliefs and exercise. What Justice Jackson called “the uniformity of the graveyard” is not an...
Video: Daniel Garza on Latinos, the freedom agenda, and the 2016 elections
According to mon political narrative prior to the 2016 elections, progressivism has been ascendent and conservatism has been on an inevitable decline in America in significant part due to demographic changes. Among those changes is the growth of the Latino population, which is assumed to be a natural constituency for progressive politics. In the wake of the election, this may be one among many narratives that need to be re-thought. Evangelicals are one of the fastest growing segments in munities,...
Did the unemployed give Trump his new job?
When you hear reports on the unemployment rate it’s usually a single number. For example, in October that number was 4.9 percent. But that single number is the national average, and can conceal a wide range at the state and local level. For instance, in September South Dakota and New Hampshire had the lowest rates in the country—2.9 percent—while six states (Nevada, Mississippi, West Virginia, Louisiana, New Mexico, and Alaska) all had rates that were twice that number. Not surprisingly,...
What are ‘transatlantic’ values?
President Barack Obama and German Chancellor Angela MerkelPresident Barack Obama and German Chancellor Angela Merkel held their last joint press conference as heads of state on Thursday, pressing national leaders – in President Obama’s words – “not to take for granted the importance of the transatlantic alliance.” And they grounded that longstanding partnership on their conception of the bedrock principles that they believe unite North America and the EU. mitment of the United States to Europe is enduring and it’s...
How to keep cool over politics this Thanksgiving
Today at Mere Orthodoxy, I have an essay building on some of myrecentposts here exploring a healthy Christian response to plex results (other than “Trump won; Clinton lost”) of the 2016 presidential election. In particular, I focus on how to be true to the exhortation of St. Paul: “Rejoice with those who rejoice, and weep with those who weep” (Romans 12:15). I write, Writing to early Christians in Rome, St. Paul the Apostle offered a succinct summary of the Christian...
Pope Francis to entrepreneurs: Do good, despite what culture says
Rather than speaking about the risk of not doing, avoiding or failing at something in order to succeed, the pope coaxed the business executives to consider risking doing something positive for mon good – as if to encourage them to live out their faith proactively, through bold intentional free choices, despite the strong countercurrents of a materialistic, godless and self-serving secular society. Read More… Yesterday, Pope Francis hosted a private audience in his Apostolic Palace for a few hundred international...
Does Acts 2-5 teach socialism?
“The early church was socialist.” Talk about economics and the church and you’ll eventually hear a Christian make that claim. The idea that the early chapters of the Acts of the Apostles supports the idea that Christians should be socialists is an oft-repeated as if it were both obvious and true. But is it? Art Lindsley explains why those passages do not pertain to socialism: Does Acts 2-5 mand socialism? A quick reading of these four chapters might make it...
Thomas Sowell on poverty, politics, and the origins of prosperity
“The mundane progress driven by ordinary economic and social processes in a free society es dramatic only when its track record is viewed in retrospect over a span of years.” –Thomas Sowell In a recent edition of mon Knowledge, economist Thomas Sowell discusses his latest book, Wealth, Poverty, and Politics, which provides prehensive argument for the origins of prosperity. “There’s no explanation needed for poverty. The species began in poverty,” Sowell says. “So what you really need to know is...
Graft and bribery are big government’s byproducts: EU studies
The nation of Spain is prosecuting 37 people – including former officials in the ruling center-Right party – for steering government contracts to their politically connected friends. It will not help the defensethat thesuspects gave themselves audacious, Godfather-inspired nicknames like Don Vito and “The Little Meatball.” While a disturbing example in itself, a series of studies show that corruption is ing a growing threat in the EU – and the larger the government, the greater the level of perfidy. The...
Washington showdown looms over Ex-Im Bank and cronyism
Sen. Lindsey Graham, Republican from South Carolina, wants to change the rules of one of the biggest crony capitalist organizations in Washington. He wants to make it easier for the Export Import Bank to dish out large amounts of corporate welfare panies such as Boeing, which already brings in revenues upward of $95 billion per year. USA Today reported in a recent article that “Graham, as chairman of the Senate Appropriations mittee that funds foreign operations, has added a provision...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved