Federal Legislative Update
August 2004

August 19, 2004

August 19, 2004

News from Capitol Hill...

Administration imposes new overtime standard

The Administration's new rules on overtime pay take effect August 23.

NEA opposes those provisions of the new rules that jeopardize eligibility for overtime pay and is working actively with the AFL-CIO and the National Employment Law Project to rescind them.

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Who may be affected by the new wage-hour rules?

Education support professionals who work more than 40 hours a week for a single employer.

NOTE! Employees covered by a bargained agreement that already requires overtime pay more generous than that required under law are not affected by the rules.

The salary divide

The law affects differently workers earning more than $455 a week or $23,660 annually and those who earn less.

If you earn at least $455 a week or $23,600 annually and work at least 40 hours a week for a single employer, you can be disqualified for overtime pay under the "duties" test.

The 'duties' test

Overtime is based on job duties, not job title. The new rule broadens the definition of "administrative or professional capacity." If your employer defines your work as "administrative" or "professional" under the new rules, you could be ineligible for overtime pay.

If you earn less than $455 a week or $23,660 a year and work more than 40 hours a week for a single employer you are automatically eligible for overtime pay.

Some examples

• Classroom aides and uncertified substitute teachers who also serve as bus aides, bus drivers or coaches for extracurricular activities
• Employees who perform errands for the school after their normal work day, such as making a bank deposit, or who work from home, such as a secretary calling substitutes
• Bus drivers who have been paid only for scheduled hours or route time and not for traffic tie-ups or before-run safety checks
• Maintenance employees who work additional hours in an emergency

Who is not affected by the new wage-hour rules?

Pre-K-12 or higher education teachers and others whose work requires a high level of training are not eligible for overtime under federal law.

The new rule raises many questions. Employees who question their overtime pay status should contact their local association.

Legislation to help prevent bullying and harassment in schools

One hundred sixty thousand students miss school every day because they fear intimidation, according to the U.S. Department of Justice. Bullies prompt other students to drop out and wreak havoc on their social, emotional and academic stability.

As a matter of sound education policy, no student should be subjected to bullying or harassment that interferes with the ability to learn. No student should be subjected to safety problems that result from bullying and harassment.

NEA supports anti-bullying legislation

Parents, teachers and lawmakers are fighting back. The current Safe and Drug-Free Schools Act that supports school safety policies does not address bullying and harassment.

Rep. John Shimkus (R-IL) has introduced NEA-supported legislation — "To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs" (H.R. 4776). As a condition of receiving Safe and Drug-Free Schools' funds, states, districts and schools would be required to have in place policies to prevent and effectively respond to bullying and harassment.

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The Public Servant Retirement Protection Act

NEA is urging Congress to vote on the Public Servant Retirement Protection Act (H.R. 4391) before leaving Washington for the campaign trail. H.R. 4391 would replace the Windfall Elimination Provision with a more equitable formula. The bill had a hearing before the House Social Security Subcommittee on July 20 and now has 49 cosponsors.

Full-repeal sponsors Representatives McKeon and Berman are also cosponsors of this new WEP bill and are pressing for a vote. NEA supports the legislation as a first step to help members.

NEA remains totally committed to repeal. That work continues.