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IT Workers Not Eligible for Overtime in New Rules 1068

bjarvis354 writes "The San Diego Union Tribune is reporting that the Department of Labor Secretary Elaine Chao unveiled new rules that seem to specifically target IT workers and other white collar workers for exemption from overtime pay. The Oneonta Daily Star claims that 'According to new exemption tests, the employee isn't guaranteed overtime pay if primary duties involve office or non-manual work,' and 'Computer employees are not guaranteed overtime pay if they make $455 a week, or if their hourly rate is $27.63. Affected employees include computer systems analysts, programmers, software engineers or anyone with a similar title.'"
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IT Workers Not Eligible for Overtime in New Rules

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  • by Moderation abuser ( 184013 ) on Wednesday April 21, 2004 @12:27PM (#8930094)
    Don't do it.

  • So refuse (Score:1, Insightful)

    by Wehesheit ( 555256 ) <aridhol@g[ ]l.com ['mai' in gap]> on Wednesday April 21, 2004 @12:28PM (#8930099) Homepage Journal
    The solution is to not work the overtime, companies with servers and work machines down will be suprisingly responsive to "bonuses".
  • PHBs... (Score:3, Insightful)

    by ItMustBeEsoteric ( 732632 ) <ryangilbert AT gmail DOT com> on Wednesday April 21, 2004 @12:29PM (#8930121)
    "Affected employees include computer systems analysts, programmers, software engineers or anyone with a similar title."

    Admittedly, I didn't RTFA, but that statements just SCREAMS for pointy-hairs to change the job titles of the people who they don't want to have to pay for overtime.
  • I don't get it (Score:4, Insightful)

    by Soporific ( 595477 ) on Wednesday April 21, 2004 @12:30PM (#8930128)
    Where did they get the $455 weekly and $27.63 hourly figures from? If you are getting paid $27.63 an hour, chances are you are clearing that $455 easily and if you are making $455 (after tax) weekly you are getting paid about $13-14 bucks an hour.

    ~S
  • "New" rule? (Score:5, Insightful)

    by Rosco P. Coltrane ( 209368 ) on Wednesday April 21, 2004 @12:31PM (#8930150)
    new rules that seem to specifically target IT workers and other white collar workers for exemption from overtime pay.

    That "new" rule is as old as IT : if you do your legal 40 hours per week in an IT company, you're out of here faster than you can say "antidisestablishmentarianism".

    In the last company I worked for, a minimum of 60 hours per week was expected, sort of like an unwritten rule, often a lot more during death marches. I was well paid of course, and bonuses were huge, but in reality I had a really shitty hourly wage.

    So what's new here? just that it's now a written rule that IT workers are slave workers. The only thing this does is diminish even further the impression of "privileged workers" non-IT folks have of us, and that's too bad because that's about the only glamour of the job.
  • Stupid (Score:2, Insightful)

    by dolo666 ( 195584 ) * on Wednesday April 21, 2004 @12:32PM (#8930165) Journal
    That's a totally stupid rule. So now all us Geeks not only have to be chained to the desk for 18 hours a day, we don't get the compensation for it? You try it, damned politicians!!! Thankfully, I am Canadian and any journey south would be under contract stipulating that overtime hours are paid at double-time. Just so you know, that contract re-negotiation can give you some leverage to get what you want, and that even if the law says one thing, you can still negotiate yourself out of these kinds of compensation ruts. Don't take no for an answer. Unionize and strike, need be.
  • by lukewarmfusion ( 726141 ) on Wednesday April 21, 2004 @12:32PM (#8930166) Homepage Journal
    I'm on salary. Which means I'm on-call 24/7, expected to do overtime if needed, and can be fired at any time for any reason.

    If I'm working as an hourly employee, I'm going to bill my boss for every hour I spend working. At my full rate. If I'm lucky, maybe they'll agree to pay me time and a half for anything over 40 hours (or some other predetermined limit).

    They can't make me work overtime hours and not pay me, unless I'm salary. Then I wouldn't expect it anyway.
  • by w.p.richardson ( 218394 ) on Wednesday April 21, 2004 @12:33PM (#8930178) Homepage
    Seems to me that there's nothing stopping you from giving it a whirl. Nothing quite like being knee deep in a malfunctioning septic tank!
  • by Frymaster ( 171343 ) on Wednesday April 21, 2004 @12:33PM (#8930186) Homepage Journal
    Don't do it.

    if you "don't do it" as an individual, you'll get fired. however, if you "don't do it" as a group you'll have more power. if the entire i.t. staff decides to cease work until their is fair treatment, your chances of success is greater.

    that's right: i'm talking union.

  • by Colonel Angus ( 752172 ) on Wednesday April 21, 2004 @12:34PM (#8930204)
    ...well, perhaps not all of Canada, but I have been in IT now for 6 years and never once have received any overtime.

    My current job has the best "overtime" policy that I've had thus far, in that lieu time off is calculated on overtime hours * 1.5. So we get time and a half OFF for the time we work. Not bad. Gives me at *least* one day off every 3 weeks.

    So I have more time off, and no extra income to fork over to the gov't to misappropriate.
  • by catphile ( 316499 ) on Wednesday April 21, 2004 @12:34PM (#8930211) Homepage
    These right wing freaks are hostile to modernity itself. Overtime was progress 70 years ago, now they want to go back. They are extremists who must be stopped.
  • by LostCluster ( 625375 ) * on Wednesday April 21, 2004 @12:37PM (#8930257)
    The key thing is that you at least feel that your're getting a fair shake on the deal... no more accounting for OT in exchange for more money than you feel you would have gotten if the meter was running.

    2am pages are acceptable if they're rare and they're about real issues. It's when there starts being too many of them that things get messy.
  • by swschrad ( 312009 ) on Wednesday April 21, 2004 @12:38PM (#8930286) Homepage Journal
    nothing will change if the persons in government don't.
  • by sqlrob ( 173498 ) on Wednesday April 21, 2004 @12:39PM (#8930289)
    That's why this year I'm going to vote with my... vote... for a regime that's more in line with my goals.

    Name one. Chances are if they're in politics, they aren't in line with your goals.
  • Re:Well... (Score:4, Insightful)

    by jacquesm ( 154384 ) <j@NoSpam.ww.com> on Wednesday April 21, 2004 @12:40PM (#8930317) Homepage
    This pretty much formalizes the situation that already exists. Also, in other countries there is a large trend towards a fixed monthly salary, instead of an hourly wage. That's a knife that cuts both ways though, it's pretty hard to get overtime paid under such an agreement, unless your employer specifically orders you to come in after hours.
  • Re:OTOH (Score:5, Insightful)

    by AmericanInKiev ( 453362 ) on Wednesday April 21, 2004 @12:41PM (#8930328) Homepage
    Not entirely,

    Overtime is an incentive for employers to HIRE people rather than working the one's they have to death.

    It is incentive which recognizes that the market if left to itself will gobble up all the dedicated people who don't have kids and can work weekends and evenings and leave the people who carry the real burden of society (yes parenthood) unemployed.

    Where there is no negative pressure on expliotation - people will sign up for expliotation rather than get left behind and starve - that is a comment on world experience over time - your mileage may vary (but not by much)

    AIK

  • that's right: I'm talking union.

    And I am throwing a nice tight rope for you over the nearest lamp-post, where "union-talking" people belong. A possibility of making a mistake -- my reason to object to death penalty -- is not an issue with such people. They'll keep "talking union" all the way to the hanging...

    Seriously, though, trade-unions are no better, indeed, indistinguishable from other monopolies and should be treated with anti-trust laws. In some, more extreme cases, anti-racketeering laws may apply too...

  • by IWantMoreSpamPlease ( 571972 ) on Wednesday April 21, 2004 @12:44PM (#8930375) Homepage Journal
    >>...unions have gotten a bad name due to all the corruption, mainly in the 1950s to 1980s. But the idea is valid.

    Yes, the *idea* was good, the *implementation* of said idea was seriously borked. And in the end, it destroyed a lot of good companies.
  • by carcosa30 ( 235579 ) on Wednesday April 21, 2004 @12:45PM (#8930388)
    Lots of techies, a surprising number, are on the right side of the political spectrum. The very idea of any kind of labor organization was abhorrent. I think a lot of this is because until recently we've lived cushy lives.

    Now there's a hard-hitting new pimp in town and things aren't quite so nice.

    How much more of this FUCKED UP REPUGNANT SHIT is it going to take before people wake up? We're the ones who run the machinery here during this all-important war effort. What are they going to do if we won't work, for free, conscript us?

    Uh... Don't answer that.
  • by whitelabrat ( 469237 ) on Wednesday April 21, 2004 @12:45PM (#8930390)
    Yeah, um... were going to need you here this Saturday... and oh yeah... Sunday too.

    I can see this as a great opportunity for tech sweatshops to own their employees free time. My guess is the federal gov't wants to get out of paying contractors overtime fees?
  • by XorNand ( 517466 ) on Wednesday April 21, 2004 @12:46PM (#8930408)

    Man, I've worked construction. You'd pry my ergonomic mouse from my cold, pastey hand before I went back. You're just laborer, paid to break your body for someone else. The mentallity of your supervisors and coworkers is worlds apart from IT. It's a mind-numbing and spirit-crushing existance. I've been used and abused in IT too, don't get me wrong, but it doesn't even compare.

    Your talk of 6-figure incomes is BS. I've know only handful of people who have done that well; it's only because they work more overtime than should be humanly possible. Every single one is an alcholic who has to pause a moment to recall how old his own kids are.

    Choose wisely.

  • by blueZhift ( 652272 ) on Wednesday April 21, 2004 @12:46PM (#8930414) Homepage Journal
    Maybe there's an opportunity here to get our lives in order. As some have already posted, if you don't get overtime pay for overtime work, then don't do it. Well, let's ask ourselves why there was a need to work overtime in the first place. Maybe it's time to slow things down to a pace where all of this overtime in not needed in the first place.

    The bosses in the corporate offices cannot have it both ways. If they want insanely high productivity, they are going to have to pay for it. Even workers in India will eventually cost as much as here for the same work output. So let's stop this madness and live our lives like human beings instead of 24/7 machines. Let's spend more time with our friends and family. Or perhaps more time actually getting friends and family! ;-) We may not get richer, but we will be happier. And if the boss man don't like it, screw him! He's gonna lay you off eventually anyway, so why sacrifice your life for him?

  • blessing? (Score:1, Insightful)

    by klaricmn ( 244131 ) on Wednesday April 21, 2004 @12:48PM (#8930440) Homepage
    For the jobs that this does affect, I wonder if it's somewhat of a blessing in disguise. Yeah, those workers won't be getting OT pay, but at least they're job hasn't been shipped overseas yet. Thus companies considering such moves can at least chalk up lack of OT pay as a plus for keeping jobs in the US....or at the very least it negates that advantage that might have been held by other countries.
  • Re:Well... (Score:5, Insightful)

    by Anonymous Coward on Wednesday April 21, 2004 @12:48PM (#8930442)
    Nope. I had a professor (who I taught classes for), who asked incoming students, "How many of you are choosing this course of study because there is high demand for your talents and you'll get paid a lot of money?" No one wanted to put their hand(s) up until he really encouraged them to be honest. Roughly 60%-70% put up their hands. That's when he pointed out a fair percentage of people in the work world are in their forties, are too experienced to the point of being overqualified for many jobs (to make a change), are set enough in their ways they can't adapt to something roughly similar to their current skill set, and don't have enough experience to move up (the Peter Principle[1]). Bottom line? They're waiting for the next 20-30 years to pass by so they can retire. That's a LOT of time to wait doing something you don't necessarily like just because when you started you thought there'd be a job.

    [1] the Peter Principle: Everyone will rise to a level of incompetency. Basically, you'll get one promotion too many and end up in a job you are incompetent to do. He's dead now, but look up some of his books. The hold true even today.
  • by Anonymous Coward on Wednesday April 21, 2004 @12:50PM (#8930465)
    "The idea that somehow by forcing employers to take care of their employees and pay them a living wage will destory the market is ridiculous"

    Yes it will, because a "living wage" is an arbitrary concept that has nothing to do with the value of the work. If you muck with wages this way, you are telling the company to do all it can to make do with fewer workers, or get out entirely. Let the market determine the wage, not meddling Washington bureaucrats.

  • Why Manual? (Score:3, Insightful)

    by dmomo ( 256005 ) on Wednesday April 21, 2004 @12:53PM (#8930503)
    Why OT granted only for Manual labor?
    If I work over time, chances are, that overtime is spent staring at a computer screen. I didn't need glasses until last year. I worked a lot of overtime last year.
  • by Anonymous Coward on Wednesday April 21, 2004 @12:53PM (#8930505)
    Why didn't they take away overtime for blue collar workers too?

    Simple, blue collar workers are smart enough to set up unions to protect their interests.

    In case you didn't notice there is some serious class war getting wages on IT workers but they don't care! They all have this "I'm too smart and skillz0red and special for it to happen to me! I'm different than those other saps!". With an attitude like that it's hard to really be upset about it although I will always be mad when I see workers getting the shaft but the attitude some of these primodanna assholes have makes it really hard to care sometimes...
  • Re:whew.. (Score:5, Insightful)

    by Suidae ( 162977 ) on Wednesday April 21, 2004 @12:54PM (#8930519)
    What is it with hardcoding numbers like this in laws anyway? Shouldn't they provide a forumla to calculate the value based on some economic figures that the government could maintain in a big table somewhere? Like minimum wage could be (Imed/2.5) where Imed is the median income for the region, as defined and maintained by some government department.

    They could keep track of whatever variables they need to define these numbers so that the values defined in these laws stay resonable over time and through times of high and low economic prosperity.

    The law should also define exactly what the various terms in the equation represent and the reasoning behind why they were chosen.

    We have all these computers around, we should be using them to improve the way our government works, not just by giving government workers ever-more bloated versions of Word, but by improving the process by which laws are made and maintained.

    Right now we hardcode all the values and 'recompile' every couple of years. Its dumb and a waste of taxpayer money and resources.
  • Re:Well... (Score:3, Insightful)

    by setzman ( 541053 ) <stzman@stzmanple ... inus threevowels> on Wednesday April 21, 2004 @12:55PM (#8930524) Journal
    I was thinking 4 weeks a month (=28 days), but that misses 2-3 days X 12 months, roughly 4 weeks unaccounted for. Oops.

    I will say that could be a decent amount to live on, depending on your local cost of living. It costs a lot less to live in Po-Dunk-Town, Alabama than Birmingham, Alabama, and obviously less than New York or Boston. Basically, the IT worker in Po-Dunk-Town commutting to B-ham would probably do well, with the others forced to do a better job with their budget. With the basic idea that you will see more IT people in the higher cost areas, that is where you run into problems with this.

  • by queequeg1 ( 180099 ) on Wednesday April 21, 2004 @01:00PM (#8930594)
    As many have observed, these rules will likely change little in the workforce and will merely codify what is existing practice (although only time will tell). One of the primary stated motives for the new rules was to update 50 year old Department of Labor rules that made it very difficult to determine exactly who was and was not eligible for overtime because the rules referred to positions that for the most part don't exist anymore (e.g. straw men and keypunch operators).

    To put a really cynical spin on these new rules, I believe that one of the groups that will be hit hardest by overtime rules with bright line requirements will be the employment law plaintiffs bar, which will be hindered in its efforts to troll for new highly profitable cases by representing highly compensated former employees who could conceivably still be eligible for overtime under the old rules Representing low-hourly wage employees isn't that huge a business because employee will often settle for some minimal amount that they need just to survice and which employers will often be willing to pay to avoid a trial - and a potential award of attorneys fees if the employee wins.
  • by randomizer ( 746294 ) on Wednesday April 21, 2004 @01:01PM (#8930596)
    I never understand how negatively so many people view unions. This is exactly why individuals have to join together to protect themselves. If one worker objects to unfair labour practices the boss can choose to ingnore him or fire him. If the IT workers of America refuse to work under unfair conditions then ... 1. Their jobs go offshore more quickly (maybe); or, 2. The PHBs relocate to right-to-bugger-workers states (perhaps); or, 3. The PHB negotiates, a compromise is reached and, while nobody gets to declare victory, a truce can be arranged (sadly less likely than ever before due to workers neglect of the need to protect their own). Obviously the demonization of unions by owners that has somehow been sold to credulous workers makes #3 unlikely in most of the Unscupulous States of America. Until electors figure out which side their shrinking bread is buttered on (repeat after me: my interests are not the same as those of the rich) and that they actually have the power to change things (though picking a Dem over a Rep doesn't change much) then you can all just bend over (unless you are rich, in which case -- fsck at will).
  • by Chilltowner ( 647305 ) on Wednesday April 21, 2004 @01:02PM (#8930610) Homepage Journal
    Well, we may get it, we may not. Once upon a time, there were highly trained, very skilled workers who were at the forefront of technology. They were also fiercely independent--the last group of people you'd ever think would get together in something like a union. But when the shit started hitting the fan, that's what the auto workers did--they formed the UAW. And, say what you will about their state right now, for decades they were a MAJOR force for building the middle class in large parts of the industrial U.S.--the same middle class that is rapidly disappearing now. Time will tell, but I remain optimistic if history is any guide. Union up, geeks; it's time to save our flat asses.
  • Re:Well... (Score:4, Insightful)

    by Maestro4k ( 707634 ) on Wednesday April 21, 2004 @01:03PM (#8930617) Journal
    • We talk all high minded on slashdot thousands times a day every day 365 days a year. Is it all talk or do people here think that a Computer Professionals union is needed these days?
    It's really a question of the lesser of two evils. Unions aren't exactly the great defenders of the workers they want you to believe they are. I read a very enlightening book a while back detailing (with documentation) what's happened with unions so that they've gotten out of control. I personally would rather avoid joining a union and take my chances as they stand now.
  • by CatGrep ( 707480 ) on Wednesday April 21, 2004 @01:04PM (#8930634)
    I don't know of any software engineering/ IT jobs that pay overtime now. Usually these jobs are salaried - no OT.

    How many people in this field get paid for overtime?
  • Re:Well... (Score:5, Insightful)

    by _Lint_ ( 30522 ) on Wednesday April 21, 2004 @01:05PM (#8930650)
    No. The last thing professionals need is a union interfering in their ability to negotiate their own employment terms.

    This policy doesn not mean you can't be paid for overtime. It only says that your employer doesn't have to make it compaly policy to pay you for overtime.
  • Re:Well... (Score:2, Insightful)

    by galt2112 ( 648234 ) on Wednesday April 21, 2004 @01:06PM (#8930655)
    Unions are rarely necessary for "competent" people with advanced skills. Unions are more useful in industries where "a body is a body"-- factories, etc.

    Additionally, a large percentage of IT people tend more toward libertarian/objectivist philosophies, which despise labor unions as a tool of incompetence.
  • Re:Well... (Score:5, Insightful)

    by aastanna ( 689180 ) on Wednesday April 21, 2004 @01:07PM (#8930682)
    I would imagine it would be very tough to unionize IT.

    First, auto workers, airline pilots, factory labour, etc. tend to work for a small number of companies with high fixed costs. There are IT people in every company, making negotiations and organization difficult.

    Second, IT is a very diverse group. Tech support, code monkeys, developers, systems analysts/architects, network admins, management that still does code reviews/coding, etc. It's difficult to lump those positions together, or draw distinctive lines between all of them.

    Third, skill as a programmer depends a lot on natural talent, and there's a lot of ego involved. There are lots of really gifted individuals who would rightfully object to being grouped in with people who took a six month course at the local community college.

    Fourth, some of us are a lot more worried about our jobs than others. If you're doing helpdesk tech support you should be very worried. If you're spending most of your time meeting with users in person and doing design for a profitable company you're a lot harder to outsource, and have much more job security.
  • Re:Well... (Score:5, Insightful)

    by mwood ( 25379 ) on Wednesday April 21, 2004 @01:08PM (#8930691)
    Since the promotion ladder in most businesses eventually winds up in management no matter where you start, I'd suggest that the Peter Principle only strictly applies to those who started out in management. For everybody else, the effect is the same but the cause is that you got kicked from a job you like and are suited for into one very much unlike what you signed up to do and have been doing for years.

    What happened is that you started (perhaps involuntarily) a new career at the same business, without any formal education. "Incompetent", while strictly true, carries a shade of meaning that isn't really fair. Imagine that your high school just got you a job as a sysadmin without ever offering any computing classes.

    Now, I would agree heartily that if you are training for a career in X mainly because of the money, you are probably seeking the wrong job and you won't like it much.

    BTW, those guys doing the same job every day for the next 30 years? those jobs are the ones now being outsourced to another continent. Stay flexible if you want to continue working.

    (As for that "overqualified" jazz, I'm reminded of Art Buchwald's story about a nuclear physicist named Kase who kept dumbing down his resume' until he landed a job.)
  • BFD (Score:2, Insightful)

    by Sloppy ( 14984 ) * on Wednesday April 21, 2004 @01:08PM (#8930694) Homepage Journal
    This stuff a matter between the employee and employer. It doesn't need to be regulated by government or have any "guarantees" handed down, as the relationship is totally mutually consensual. If you don't like the deal, you can always either negotiate or Just Say No.

    And don't try to tell me IT is anything like a sweatshop, no matter how much overtime you have, or how stupid the users you support are, how often the computers crash, or how hard it is to find a job. We have big asses and soft hands, and anyone who thinks it is like 19th century meatpacking, is a complete pussy.

  • by John Courtland ( 585609 ) on Wednesday April 21, 2004 @01:09PM (#8930707)
    They can't make you punch a timeclock... nor can they deduct pay for being late or leaving early.
    This exact bullshit happened to me, where despite being salaried, I had to punch a clock. That job ended in a flurry of "Fuck yous" and I wish I had had the sense to quit before they fired me.
  • Re:Well... (Score:5, Insightful)

    by slipstick ( 579587 ) on Wednesday April 21, 2004 @01:09PM (#8930709)
    Unions aren't designed for the benefit of the whole only the benefit of their members. Which isn't necessarily a bad thing if your in the union but if your not, good luck finding a job.

    I may be presuming too much but I would think that a computer professional is likely smart enough to negotiate their own contract. If you aren't getting paid enough or you haven't negotiated an overtime scale than that's your fault. Why would you want to abdicate responsibility to a union anyway? Soon enough they will do something you don't like and than you have no way out.

    I totally understand that market forces may be such that computer professional salaries are low due to over supply in the market. Artificially increasing the salary through unionization won't benefit you in the long run. Already I see people here complaining about off-shoring. Just wait until you have a union, the jobs will bolt like there's no tomorrow.

    The best way to fight an over supply in your field is to train for a different field! Or simply be the best in your field.
  • Unions? (Score:5, Insightful)

    by tehanu ( 682528 ) on Wednesday April 21, 2004 @01:10PM (#8930719)
    One has to ask why IT workers don't form a union or if they don't like the idea of a union, at least a Professional Organisation like doctors and lawyers have to fight for their rights? Right now, the only IT lobby groups represent your employers ie. the big IT companies. Remember, government doesn't hear anyone who doesn't have a big enough lobby group. Government is a matter of give and take between different interest groups and since there's a finite money to go around (yes, even with the heavy government debt) if you're not one of the winners, you're one of the losers. It was fine to be free-wheelers during the dot-com boom, but now in the down-turn you need to really have an organised voice.
  • by composer777 ( 175489 ) on Wednesday April 21, 2004 @01:13PM (#8930754)
    Gee, that's a nice theory. The good thing is that we don't need to theorize about what will (continue to) happen if we don't set a living wage, we have a long history where we can show what happens when people get subservient and don't fight for their rights. They get paid less and less, and their treatment is worse and worse. The history is very real. Your theory that if we lower wages enough that somehow employers will employ the maximum amount of people, is absolutely baseless, has no history to it, and no evidence. Your assertion that setting a minimum or living wage that employers will stop hiring people, is also baseless. Employers have ALWAYS sought to hire the least amount of people possible. The idea that allowing them to treat their employees like shit will change has no basis in reality.

    The other obvious thing worth pointing out, is that prices are set by supply and demand. Since there has never been 100% employment, in other words, there has always been an oversupply of labor, one can conclude that the market value of labor is heading towards $0 an hour. Clearly the price set by the market is unworkable. If employers actually hired people when the price of labor was low to non-existant, then why haven't they hired all of the Americans willing to work for less than $5.15 an hour? Why haven't they employed all of the people of Mexico, who are willing to work for whatever the market will bear? Oh wait, that's right, it's because everything you've said about employers hiring as many people as possible if the price is low enough is false.
  • by hng_rval ( 631871 ) on Wednesday April 21, 2004 @01:13PM (#8930762)
    Just because the law no longer mandates 1.5 overtime pay for certain jobs does not mean that you cannot request it in your contract.

    If you are about to accept a job offer and they do not pay 1.5 for overtime, ask for it. If they refuse, suck it up or find another job. You don't need the government to mandate that they pay 1.5.
  • Re:Well... (Score:5, Insightful)

    by Bronster ( 13157 ) <slashdot@brong.net> on Wednesday April 21, 2004 @01:21PM (#8930892) Homepage
    I read a very enlightening book a while back detailing (with documentation) what's happened with unions so that they've gotten out of control.

    And I read a very enlightening book a while back detailing (with documentation) that not joining a union will make gremlins fly out of your nose, make your wife/girlfriend/right hand leave you for a football jock and besides the unions will give your name to the Mafia and you'll be lucky if they only break your kneecaps.

    I swear that's exactly what it said - only I can't remember exactly which book it was. It certainly was enlightening though.

    Back on topic: of course there's going to be bad eggs in unions and some of them probably have got out of control. Guess what - there's employers like that as well. I'd rather have those unions there and employers realising that they can't gouge me quite so hard because my co-workers are willing to back me up. Politics goes where there's power, and I for one am glad that unions have enough power to influence things (while hopefully not gaining so much power that the bad apples take over - I think that's what you're talking about. Surprise, it happens everywhere with power, including politics in general if you haven't been following along at home).
  • Re:Well... (Score:5, Insightful)

    by killjoe ( 766577 ) on Wednesday April 21, 2004 @01:25PM (#8930960)
    If reading slashdot is any indicator IT people hate unions. Don't expect one anytime soon.

    Maybe it would be more palatable if you did not call it a union. Call is an "association" like the doctors (AMA) and the lawyers (ABA) do. It does not seem so low class when you call your union an association. After all the people in unions drive chevys people in associations drive BMWs.
  • Re:Well... (Score:3, Insightful)

    by TwistedGreen ( 80055 ) on Wednesday April 21, 2004 @01:26PM (#8930971)
    Third, skill as a programmer depends a lot on natural talent, and there's a lot of ego involved. There are lots of really gifted individuals who would rightfully object to being grouped in with people who took a six month course at the local community college.

    So don't join the union. If you think you can make it on your own, go ahead. But the way things are looking, that's becoming increasingly more difficult.

    Also, in my mind, IT is very different from software development. With IT is basically system maintenance, software design is entirely different. There can obviously be a bit of both in someone's job, but either way, this isn't terrible relevant: A union's members don't have to be homogenous. An auto-worker's union, for example, supports many different people with diverse job functions that may only be indirectly related to building automobiles.

    You're outlining reasons why unionization of the IT sector hasn't been widespread, but I think the main one is this: it hasn't been threatened like it is now. When it gets to either unionize or die, I think we'll see a different picture.
  • by slackerboy ( 73121 ) on Wednesday April 21, 2004 @01:27PM (#8930979)
    If it weren't for Unions, chances are that you would be working a miserable, low wage job, and the country would be entirely in the pockets of the rich by now.

    Glad we've managed to avoid that...
    Cynicism aside, labor unions have served an important role in the past in the U.S. and a few still do. Some of the largest, however, have serious problems because they have a leadership that is more concerned with keeping power than benefiting members. This, in turn, has made all unions look bad to a lot of people. Especially people that have never directly benefited from them.
  • Re:Well... (Score:2, Insightful)

    by kildea ( 768035 ) on Wednesday April 21, 2004 @01:29PM (#8931008)
    are you suggesting that one must be competent to be a computer professional? in my other post i pointed out that i do both firefighting and computer work, and honestly the firefighting/ems/rescue work requires a presence of mind and ability to problem solve under extreme conditions which does not compare with the database and network 'management' and user-sitting that is required of me at the office where i work. but it's worth noting that i earn the same at the end of the pay period at either job, while i work about half as much at the office. you're kidding yourself if you think a body's a body doesn't apply to this field, we just think it does because we're overpayed.
  • Re:Well... (Score:2, Insightful)

    by DrVomact ( 726065 ) on Wednesday April 21, 2004 @01:32PM (#8931051) Journal
    Organizing a union sounds just great in theory; the practice is a bit rougher.

    To do any good, a union occasionally has to strike. You might think twice about the attractiveness of unions when you have to decide between collecting a paycheck and walking a picket line...betting on the chance that the union will win and you get a raise, instead of having your job shipped to India. You ready to beat up the scabs (your ex-friends)? You ready to get the shit kicked out of you by management goons? Gonna put up with all the BS rules the union hierarchy imposes in addition to your employer's BS rules?

    There are worse things than working extra hours for a PHB, so I think union talk is going to stay just that: empty talk. At least I hope so.

  • by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Wednesday April 21, 2004 @01:35PM (#8931113) Journal
    ... relegalize slavery while they're at it and get this whole mess over with?

    That's where employment laws are heading anyways, or at least from where I've been standing. The days of unions are numbered. Bank on it.

  • Re:Well... (Score:5, Insightful)

    by danaris ( 525051 ) <danaris@mac . c om> on Wednesday April 21, 2004 @01:40PM (#8931180) Homepage

    But if you were part of such a union, you'd have a say in it. History seems to show (though I'm neither a historian nor in a union, so I'm not exactly an expert...) that unionized workers can, on the whole, get better employment terms than non-unionized workers. That's not to say that you, with your mad negotiating skills (which you may or may not possess; just an example) can't negotiate a better contract, just that for the majority of workers, the contract the union can get them is better than the one they could get on their own.

    I've also heard some pretty stupid stuff that unions have done. However, a union is neither better nor worse than the people who make it up--which means that at worst, it can be a royal nuisance to the people in it and outright dangerous to the people not in it, employees and employers both. But you can always try to change it once it's there. Without it there, we won't have nearly as much clout as a group.

    Dan Aris

  • by Matthew Weigel ( 888 ) on Wednesday April 21, 2004 @01:41PM (#8931198) Homepage Journal
    Unions are a check against overzealous management. What most people don't realize is that management is a check against overzealous workers and unions, too. Management has to balance what workers are paid, how workers are treated, etc., with the continuing viability of the business. If workers are paid too well, the company fails to make the profit necessary to grow for new business, etc. If the workers are paid too little, they lack motivation, leave, etc. and the company fails. Laws that empower unions or management too much disrupt this balance.
  • Re:Well... (Score:2, Insightful)

    by elBart0 ( 444317 ) on Wednesday April 21, 2004 @01:48PM (#8931293) Homepage
    Actually,
    this is exactly why there needs to be a union for non-manangerial hourly employees. Most people I know how fit in that description (not myself, I'm salaried) are not in a position to be negotiating with an employer. There's a reason why they are working in $30k tech support jobs. Usually it is due to an inability to find other, better paying work. When it comes down to no job, or an hourly job for $30k, most people will take the job.
    When you attempt to negotiate a raise, or more pay, and the response is "screw you, take it or leave it" most people don't have the option to leave it.
    A union brings a balance of power to an employees ability to earn a livable wage. With no unions, and rules such as this, employees have no bargaining position.

    These rules only hurt people who have the most to lose. And they don't 'help the economy', they only help those who don't need any more help, the business owners.
  • by cluckshot ( 658931 ) on Wednesday April 21, 2004 @01:54PM (#8931371)

    Not only is the Story Wrong but even the thinking behind the ruling is wrong.

    Overtime laws were set in place first during the 1930's to reduce labor supplies in order to maintain some price levels to prevent deflation. During World War 2 the US War Department (Now DOD) ran into a problem with productivity. They had very highly motivated workers who had been starved for money and who had family in the field fighting and dying. These workers wanted to win the war all by themselves THIS WEEK!

    The problem developed that they bought the ideas behind the new rules that more hours of work ment more productivity. So they wrote contracts with companies that open endedly encouraged long hours. As soon as these began productivity spiked upwards and by the end of a month it had crashed to levels in the order of 50% or less of what productivity had been during the 8 hr/day 40hr/week times. The hours were pushing upwards to 100 or more a week so the US War Department did some serious studies on productivity.

    Their research showed that after about 35 to 36 hours a week of work, no additional productivity could be sustained even working much longer. In factory line situations this was even worse as defect rates rose catastrophically. Simply stated the 40 hr work week was about 4 hours too long for human functionality. By 44 hours the situation was seeing rates of production drop dramatically. By 72 hrs nonfunctionality had happened.

    Studies have been done of office workers on this issue and the numbers are even worse for them on hours of sustained productivity. The reality is that OVERTIME is no good for families, industry or profits! It is a good way to get programs or devices that fail. In offices where workers salaried are paid flat rates, we often see long periods of non-productive time because of this. The few "Workaholics" we see are mostly very busy but frankly most of them actually damage the production effort in the long run. Unfortunately they look good to management who often does not look to see where the money came from.

    The whole ideals set for the Bush team is an early industrial revolution set of ideas that did not work. Their "Adam Smith" "Invisible Hand" theories do not work either. Their concept is that there is a shortage of labor. This is inspite of 80 years of American History showing that we have a profoundly dangerous over supply of labor both in the USA and world wide.

    The Technolological progress many of us in IT are responsible for is actually increasing the world wide efficiency of the labor by about 12% a year. This is threatening to collapse the market all together. This is the "Jobless Recovery" that is still very much a reality. By the way, don't give me the crap about 308,000 jobs in March. It is probably a fiction anyway but assuming it is true, the USA must add nearly 360,000 jobs a month for static economic conditions to be maintained due to population changes. The USA must also increase income by about 3.5% per annum for the same reasons. It currently is seeing rises in income about 1%/annum which translates into a 2.5% cut in actual wages per average person.

  • Re:Well... (Score:5, Insightful)

    by Ironica ( 124657 ) <pixel@bo o n d o c k.org> on Wednesday April 21, 2004 @02:08PM (#8931587) Journal
    Back on topic: of course there's going to be bad eggs in unions and some of them probably have got out of control. Guess what - there's employers like that as well.

    More to the point, unionization is the corrollary to incorporation.

    Corporations exist for one purpose: to protect and increase the profits of their shareholders. Unions exist for one purpose: to protect the jobs and compensation of their members. NEITHER has any direct interest in the consumer's environment; they only will improve things for consumers to the extent that such actions help achieve their primary goals.

    Yet, somehow being profit-motivated is darn near sacred in this country, while unions are evil because they raise wages (and therefore cut into profit margins). I think there should be a better solution, but we haven't found it yet... so for the time being, I definitely support unions as a countermeasure to corporations. (Which doesn't mean I support every union's every action blindly; people make bad decisions. There are also corps that do *good* things, though.)
  • Re:Well... (Score:5, Insightful)

    by GOD_ALMIGHTY ( 17678 ) <curt.johnson@gmail.NETBSDcom minus bsd> on Wednesday April 21, 2004 @02:11PM (#8931619) Homepage
    What makes you think that you will still be in a position to bargain for better terms from here out? If your job is seen as a commodity, how can you differentiate yourself in a way that will allow you to negotiate these terms? Unionization is a reflection of the maturity of an industry. It also does not require that anyone working in the field be a Union member, it simply means that having a Union is in the best interest of the majority of the workers in that industry or with that specific job. Software development has been around for over 30 years as a job. Auto workers saw their job mature in about 50 years. I would argue that the Software industry is simply maturing and the thought of Unions is something US software engineers should research and consider.

    It's no different that trying to get a better price by buying in bulk at Sam's Club. Unions help to insure that workers do not take the brunt of volatility in a mature market. I don't recommend Unionizing new industries as soon as they show up. Individualism and laissez faire policies tend to help new industries, but can actually stop the formation of new industries around old ones.

    There is no such thing as a free market in reality. There are always going to be factors that make the market non-free, reason says that you should find the best way to work within the system that exists. Unions, like Corporations, are simply a tool to better organize resources within society. Planned economies don't work, but lack of regulation can make a commoditized industry too volatile to build new industries on top of. How could you build a chip fab if there wasn't a stable and relatively inexpensive source of energy and pool of workers to run it?

    Does this mean that this country's experience with Unions has been all roses? No, but neither has our experience with Corporations, yet lot's of people join Corporations, although the Corporation's alligiance is more to shareholders than workers. If you think of a Union as a Corporation who's shareholders are the members and who's customers are the Corporations the shareholders work for, it seems much more natural.

    I personally think that this country has done a very good job of exploring the capabilities of capitalism and laissez faire policies. I also think that the progress and complexity of the economy and society we have built with these tools may need other tools and new tools to continue it's growth.

    I like Roosevelt's VP Henry Wallace's quote: "Freedom in a grown-up world is different from freedom in a pioneer world. As a nation grows and matures, the traffic inevitably gets denser, and you need more traffic lights."

    The idea is to strike balances so as to better the country as a whole without stepping on the rights of individuals. If the eletrical and telecom industries had not matured, it would have been much harder to develop the industries that are built on top of them.

    Other countries understand these principles, especially India. That's why the rest of the world standardized on GSM (via regulation) in the cell phone world and why there are more applications, more widely available for cell users in the rest of the world. This country lost it's leadership in the cell industry, because it refused to mature the industry and grow new ones on top of it.

    If you want to see the US continue the growth it has had, then we must be intelligent and rational about the tools we use to manage it. Capitalism vs. Socialism is a dead argument. Now we must compete with other countries who aren't still bound to the ideological struggles of the last century. Unions and mature industries are just part of the toolbox. If you don't like the way Unions have been run in the past, think about how you would do it in the future. Would an equivelent of the SEC for Unions help? What model of collective bargaining for labor would best reflect the types of jobs that are currently being commoditized?
  • Republican Porn (Score:3, Insightful)

    by kotj.mf ( 645325 ) on Wednesday April 21, 2004 @02:15PM (#8931661)

    I call bullshit on this one:

    Taxpayers with an adjusted gross family income of $28,000 or more are among the top half, and are presumably the "rich" half that liberals seem determined to punish by increasing taxes.

    Bolding mine.

    Note that nowhere in the editorial does that idiot quote anybody saying that those with incomes above the median are necessarily rich.

    In fact, Kerry, among other Democrats, has taken great pains to point out that he favors a tax increase on only those household who take home more than $200K a year. Which, by any objective measure, is stinking fucking rich.

    That entire editorial is full of shit, and if that's all the evidence you got, so are you.

  • by brodin ( 200847 ) on Wednesday April 21, 2004 @02:18PM (#8931693)
    For all the talk about "aged" brains and the like the professor didn't mention that _most_ consultants are older (30s - 50s) and presumably are hired for their skills...
  • by Anonymous Coward on Wednesday April 21, 2004 @02:23PM (#8931751)
    fascinating. Do you have a source for your information? I'd like to read up on this.
  • Re:Well... (Score:3, Insightful)

    by bstarrfield ( 761726 ) on Wednesday April 21, 2004 @02:28PM (#8931814)
    Slashdot readers, IMHO, don't believe in unions for several reasons:

    1) Most readers believe that they are special and unique. They won't be outsourced, they won't be replaced by a college student who has knowledge of new technologies, etc. Why join a union if your so amazingly good that you'll never need one?

    2) For a board that loves to talk about economics, very few people seem to have any understanding of the field. Sorry to say it, but being an intelligent computer programmer does not make you an expert on labor economics. So many readers seem to believe that laissez-faire capitalism will create a better world, but for some reason I doubt they've read Smith, Galbraith, Friedman. Without any knowledge, people somehow make the assumption that unions are incompatible with capitalist economics.

    3) Many Slashdot readers are, apparently, quite young. I think these folks - who don't need to send kids to school, consider long term medical care, pay prescriptions, or worry about retirement become Libertarian simply because they're pissed off about the taxes they have to pay. Look, I get pissed off too when 40% of my paycheck disappears. Certainly Ayn Rand and other Libertarian thinkers don't view unions too highly - after all, its the little guy ganging up against the Perfect Man.

    4) The truth is, programming is becoming a commodity service. Higher managers don't care that you're a great guru of Z++ on Amiga when they can hire from India at 1/5 the price. Commodities are easily exchanable, and very very few programmers have such unique skills that they cannot be replaced. At least unions let the commodities (us) have a fighting chance at negotiation.
  • by pbox ( 146337 ) on Wednesday April 21, 2004 @02:35PM (#8931879) Homepage Journal
    The 300K new jobs in March most likely came about by counting in the people standing in line for unemployment checks. After all it is like working for the checks...

    Almost as ingenious, as the previous move, whereas the fast food employees suddenly became part of the manufacturing sector. The manufacture cardio-vascular problems...
  • Re:Correction (Score:2, Insightful)

    by beakburke ( 550627 ) on Wednesday April 21, 2004 @02:36PM (#8931881) Homepage
    Not every increase in wages is "good". If everyone's wages go up without increasing productivity, then all you have is pure inflation, meaning your REAL wage hasn't really changed. Basically, wages should (and pretty much do) track the productivity of workers.

    Why isn't everyone employed if wages are set by the market? Even with very low wages, companies are constrainted by demand for whatever they are producing, and the other non-wage costs of making something. So even if wages are zero you wouldn't have unlimited production, because the cost of making something doesn't become zero.

    If you say wages MUST be X, (where X is higher than the market wage), then you increase the cost of producing something. This has the effect of decreasing the number of workers employed and increasing the price of whatever they are making (assuming that wages are a significant portion of total costs of making something.)

  • by Theovon ( 109752 ) on Wednesday April 21, 2004 @02:52PM (#8932034)
    I work with a number of people who are much older than I am. I'm 30, and I work with engineers in the range of 28 to 55. Management has people in their 40's, 50's, and 60's.

    We have had people in management and engineering who weren't flexible. Hard times pretty much made those people go away due to layoffs.

    Those people who are left are plenty flexible. We have one 54 year old who is a runner. He's healthy as a horse and quick. We have another 51 year old who recently made an easy transition from test engineering (a stepping-stone position) to driver development.

    It seems to be an assumption that getting old makes you incompetent. But my opinion is that "old" people who are incompetent were always that way. Perhaps they are no longer so good at hiding it. But those people twice my age who were good at their jobs when they were younger are still good at their jobs AND are able to adapt to new positions.

    Mind you, I don't adapt as quickly as I did when I was 20. When you get older, you slow down a bit. Sometimes, learning takes a little longer. But intelligence and discipline can make up for that, and a lot of experience makes one more efficient at identifying WHAT to learn.
  • by Geoff-with-a-G ( 762688 ) on Wednesday April 21, 2004 @02:55PM (#8932077)
    Wow.
    Some really appaling economics failures in this post.

    Let's start with:
    "Employers have ALWAYS sought to hire the least amount of people possible. The idea that allowing them to treat their employees like shit will change has no basis in reality."

    They SHOULD always seek to hire the least amount possible. If it costs me $10 to make my product (car, ladder, gallon of milk, whatever) then I can sell it to you for $20 and make $10 of profit. If I have to hire three times as many people, it costs me more than $20 to make it now, so no way am I selling it to you for that. The only people who benefit from that are the extra workers, who are effectively being paid to do nothing, since they add no value above the original staff. Forcing someone to pay you when you aren't giving them value in return is theft.

    Your problem is you have this mental image of these magical corporate vaults that just fill themselves with money, and the corporations horde it all. With that as your standard, it's no wonder theft seems appealing. But that vision just isn't true. They're filling that vault by charging YOU for their products. If you rob their vault, they're just going to charge you more. The way to make things better isn't to steal harder or faster, it's to work in good faith with the corporation to make the system as efficient as possible. In free trade, both parties profit. Parasites only profit until their host dies or fights back.

    Another, more glaring flaw:
    "Since there has never been 100% employment, in other words, there has always been an oversupply of labor, one can conclude that the market value of labor is heading towards $0 an hour."

    First of all, if it was true that there was an oversupply of labor, and that it was causing the price to head towards zero, then it must be heading there really slowly, or else it would be there already. As you state, employment has never been 100%, so the market adjustment you predict seems to be taking longer than all recorded human history.

    The reality is that "labor" isn't a single commodity like pork or lumber. Not all labor is the same. You can't fire the Chief of Neurosurgery and replace him with the $5.15/hour guy.

    Lastly:
    "If employers actually hired people when the price of labor was low to non-existant, then why haven't they hired all of the Americans willing to work for less than $5.15 an hour?"

    1) Because there aren't actually that many Americans willing to work for less than $5.15 an hour, especially over the age of 17.
    2) Because the unions and the minimum wage laws will try to prevent you from hiring people for $3/hour.
    3) Because you have to create the jobs for them to be hired into. This isn't something that should be done by politicians (though they usually claim to do it). This has to be done by corporations, be they large or individual startups, and it requires that they have access to surplus money. Right now they're spending that surplus on the three guys doing one guy's job, two of whom are on break.

  • Re:Well... (Score:3, Insightful)

    by gfxguy ( 98788 ) on Wednesday April 21, 2004 @02:58PM (#8932117)
    By extension, union members often try to support union businesses, because the more successful unionized companies are, the more likely it is that their union will remain strong.

    I look at it differently. By boycotting products from non-union companies you are trying to extort the company into "allowing" unions. I didn't hear the people at Coors complaining they were being taken advantage of, and for crying out loud - if you are being taken advantage of, quit, otherwise freaking stop whining and accept it - you are ultimately responsible for you.

    And so tell me how someone is better off in a union? Let's say you do start off making close to minimum, how is it better now that you have to pay another "tax" on top of that? And what do you get? Generally crappy raises compared to what you could get if you applied yourself at another company.

    Unions are NOT necessary. You are right, the government gives you minimum protections - by defination that's all you need. If you want more, then ask for it, but to gang up on your employer and demand it is extortion, especially under threats of violence to those who refuse to strike.

    Unions may be nice for some people, but they are no longer NECESSARY. Unions do not normally improve the employees lives. Yes, there are some outrageous unions that do (like the dock workers in CA), but for the most part: you are guaranteed a raise, for example, but you don't get any more if you work extra hard to excel. You get treated like one of the herd. Forget it, I like my indivuality more than a guaranty of 2%/year raise.

    It's getting way off topic. I don't mind discussing this, but I could give you a laundry list of all the negatives of unions, and all the positives are things I'd rather achieve as an individual. Some people don't like proving themselves, some people will fall back and do the minimum necessary to get by. That's just not me.
  • by Ironica ( 124657 ) <pixel@bo o n d o c k.org> on Wednesday April 21, 2004 @02:59PM (#8932129) Journal
    Your theory that if we lower wages enough that somehow employers will employ the maximum amount of people, is absolutely baseless, has no history to it, and no evidence.

    Well, actually...

    It is true that lower wages increase number of people employed. In countries with very low standards of living and wages, jobs are accomplished by throwing lots of labor at them. In countries where workers make more money, employers are more inclined to make capital investments that will lower their labor costs. Generally, employers will make the trade-off between labor and capital based on the price of each; when labor gets more expensive, capital looks more attractive. That's why Wal*Mart is the largest employer in the country... they teach their employees how to apply for food stamps, and get by with paying them $7.50/hour on average (supposedly company-wide... including management and executives). If they had to pay more, they'd probably find ways to cut labor, because it would no longer be the cheapest way for them to get things done.

    Which isn't to say that lower wages are somehow good for people because they create more jobs. Underemployment is, in many ways, worse than unemployment... you have to work, but you *still* can't make ends meet. When there's a growing disparity between what people can earn in a full-time job and how much it costs them to live, you wind up with all kinds of economic problems.
  • by Anonymous Coward on Wednesday April 21, 2004 @03:01PM (#8932152)
    > 2am pages are acceptable if they're rare and they're about real issues

    NO they are NOT. At any age: Not if you're 1.5 sheets to the wind closing down a bar with a hottie. Not if your new baby had you up the last 3 nights. Not if you're already spending 2/3 of your waking hours on the job. Work to live, don't live to work. Then the rest of us won't have to strangle you for raising the bar so high that nobody can tolerate reaching it.

    Thanks,
    Sanity Claus
  • by Anonymous Coward on Wednesday April 21, 2004 @03:01PM (#8932160)
    It's all decided by special interests. I don't mean that in the Newt speak meaning (aka Evil Liberal Special Interests), just groups with differing agendas. There are a lot more companies that don't want IT workers getting overtime than unions who do. I've heard that IT workers are significantly more anti government regulation than the general populace, so it's only fair. I guess.
  • by gluteus ( 307087 ) on Wednesday April 21, 2004 @03:02PM (#8932166)

    Leave your hangups alone for a minute and read the Communist Manifesto. The gist is this:

    • Technology pushes more and more people into the lower class. Eventually, doctors and garbage collectors will be more or less the same. About now, IT workers are about the same as Walmart employees, except Walmarters don't get their jobs shipped to India.
    • The ones left at the top grow more powerful and less numerous until only a few are running everything.
    • At some point, the lower class decides enough is enough, and overthrow the people at the top. About five bullets will be enough.

    When Marx wrote this, he was thinking about England during the Industrial Revolution. Compare this with what's happening in the world today, and predict which country reaches stage 3 first.

  • Re:Well... (Score:3, Insightful)

    by Bronster ( 13157 ) <slashdot@brong.net> on Wednesday April 21, 2004 @03:13PM (#8932275) Homepage
    I'd say that the biggest problem with unions is the petty beuraucracy and jealous territory grabbing that grows out of them.

    Yep - sounds just like every other area of human endeavour unfortunately. Strangely enough, it sounds remarkably like middle management in a decent sized company, or politics in any other area. Welcome to humanity.

    (of course it's often pretty bad in unions, but better than not having unions at all)

  • by Rich0 ( 548339 ) on Wednesday April 21, 2004 @03:15PM (#8932300) Homepage
    The Technolological progress many of us in IT are responsible for is actually increasing the world wide efficiency of the labor by about 12% a year. This is threatening to collapse the market all together.

    The problem is that our system is designed around the scarcity of labor - which is becoming less the case.

    Suppose we developed the technology to have robots do 100% of all physical labor, and 95% of all non-inventive labor (any kind of service which doesn't involve very high levels of labor). In theory in such a society everyone could afford to live like a king (at least at present population levels). However, under our present system, you'd have 50 people living far better than any king in history (the 50 people who own the robots), and everybody else who can't even afford to buy food.

    The problem is that with modern technology, the need for workers is lowering every year. However, with our present system you can only obtain money by working. Anybody see a potential problem with this?

    I'm not sure that communism is the right solution, however eventually something has to change. Perhaps mandatory maximum 5 hour work weeks will be the norm one day?
  • Re:Well... (Score:3, Insightful)

    by gid-goo ( 52690 ) on Wednesday April 21, 2004 @03:44PM (#8932577)
    look at it differently. By boycotting products from non-union companies you are trying to extort the company into "allowing" unions. I didn't hear the people at Coors complaining they were being taken advantage of,
    Now you're being an idiot. People vote with their dollars don't they? Isn't that the popular saying? If you don't like it, don't buy it? I know Ayn Rand is easy to understand philosophy for 16 year olds but at some point you have to actually understand what extortion means. The fact is that many companies that don't have unions are actively engaged in union busting. Wal-mart has got in to trouble lately for this. There is also a big scandal with a lot of businesses editing employee time cards to reduce total number of hours worked. That is why there are unions. Plus collective bargaining generally provides more leverage than individual. I don't know if a union would work in tech fields or not. But you should really read something besides Ayn Rand.
  • Re:whew.. (Score:2, Insightful)

    by Anonymous Coward on Wednesday April 21, 2004 @03:54PM (#8932702)
    Minor problem...if you used a formula then your minimum wage might change periodically. Do you really want to see ads in the paper advertising a payrate of (imed/2.5 + .25)/hr? As most payrates are indirectly based on lower payrates (if they were not then the supervisor might make less than those under him), then a lot of people might end up with semi-flexable wages. Plus every quarter/month when these tables changed EVERY fastfood place and any other business that has a large number of low paid positions (even those that are not getting just minmum wage...as again most of them are based loosely on what the minimum wage is as they want to pay xyz more than minimum to keep the "good" people) would have a huge job of redoing everyone's wages and all their prices.

    That and how would YOU like it if your payrate would go up or down based not on your performance, but on an arbitrary number that changed regularly?
  • Re:Well... (Score:5, Insightful)

    by greenhide ( 597777 ) <`moc.ylkeewellivc' `ta' `todhsalsnadroj'> on Wednesday April 21, 2004 @03:55PM (#8932708)
    You will get paid what the market decides you are worth.

    It's an employers market. Which means you will pretty much be paid crap if you quit. Employers know this; Congress knows this; the President knows this. In fact, it's pretty much the reason that all of this crap is able to happen: workers are far too busy working extra hours to keep from being canned to worry about being politically active. They have mortgages/rents to pay and kids (or at least themselves) to feed.

    In the times to come, I predict that the worker will be increasingly squeezed. I mean, productivity has gone through the roof, but jobs have consistently been going down. What does this mean? It means that companies need to higher fewer people, which means that for each person working, they know that there are 10 people out there who want his/her job. So that person will work harder, won't ask for a raise, and certainly won't try to upset an employer by pointing out that s/he isn't being paid overtime.

    In fact, we have a situation similar to the end of the 19th Century, with thousands of workers clamoring for factory jobs and being willing to stand for ungodly working conditions and low pay because the alternative was no job at all. The *only* thing keeping it from being that bad is *NOT* market forces, but rather a whole slew of governmental regulations that make sure a worker has acceptable working conditions. Those laws were passed as a result of political action by the labor movment. Tragically, the labor movement has now lost a great deal of it strength and credibility. We do need a similar movement however, to protect the rights of the workers and to re-assert the main goal of the United States: not to support the making of money and protections of corporations, but rather the livelihood and freedoms of its populace.
  • by geekoid ( 135745 ) <dadinportland&yahoo,com> on Wednesday April 21, 2004 @03:58PM (#8932753) Homepage Journal
    I am beating this to death in this thread, but it is important.
    Salary doesn't mean your not entitled to overtime.
    read your state labor laws regarding this.

    also, I have found out the salaried 'full time' employee does not mean stability. The last place I was at, they kept the contractors, and let the regular employies go. Different parts of the budget.
  • by Anonymous Coward on Wednesday April 21, 2004 @03:59PM (#8932764)
    Since there has never been 100% employment, in other words, there has always been an oversupply of labor, one can conclude that the market value of labor is heading towards $0 an hour.

    This incorrectly presupposes that the lack of a 100% employment rate coincides with an oversupply of labor. It's generally understood in economics that a significant amount of unemployment is due to unavoidable due to frictional unemployment (day-to-day changes in a dynamic, changing economic system in which old industries die and new ones are born, in which people get tired of old jobs and old bosses, in which bosses find work of subordinates unsatisfactory, and in which new people enter and others reenter the labor force), and partially unavoidable due to structural unemployment.

    Furthermore, you're implicitly assuming that the "employers" and "employees" come from 2 perfectly distinct pools and that no one goes from employee to employer (nice hidden communist ideology in your post). This is false. In a free capatlist society someone who is working as an employee or is unemployed can start up their own buisness, creating more jobs and oppertunities (increasing the demand in the labor market) while simultaneously removing himself from the market (decreasing supply). The effect of these forces leads to a dynamic balance where the employment number fluctuates accordingly with the state of the whole economy.
  • Re:Union (Score:3, Insightful)

    by JohnCub ( 56178 ) on Wednesday April 21, 2004 @04:16PM (#8932924)
    The truth is you would have a very difficult time getting people to join an IT union, in my opinion. And even when you did get enough to make a difference, there's still at least 50% (and I suspect quite a bit more) of the workforce out there that will act as free agents and will take jobs as they can get them.

    I'm not saying unions are bad, they have done a great deal for our country's workers throughout the years. I just see this as one of those issues that has more to do with government than it does organized labor. Certainly an IT union would tell us all to vote these guys out. I don't want to get into a political debate so everyone should make that decision on their own.

    The best thing to do in this situation is to ask google one simple question: how do I register to vote? [google.com]
  • Re:Well... (Score:3, Insightful)

    by geekoid ( 135745 ) <dadinportland&yahoo,com> on Wednesday April 21, 2004 @04:24PM (#8933001) Homepage Journal
    " I didn't hear the people at Coors complaining they were being taken advantage "

    thats probably becasue the company was forced to pay them a wage and benefits so they can compete to keep workers from moving into a unionized shop. A benefit fom Unions. A good reason Union memeber boycotted them, becasue they were getting the benefits of a union without paying there fair share.

    "And so tell me how someone is better off in a union? Let's say you do start off making close to minimum, how is it better now that you have to pay another "tax" on top of that? And what do you get? Generally crappy raises compared to what you could get if you applied yourself at another company."

    You get a lot. here is an example:
    seniority
    Better benefits
    you don't start at minumim wage.(what, you think nobosy else thought of the extraexpens before you?)

    "but you don't get any more if you work extra hard to excel"

    myth. Many unions hae pay grades, someone who excells can be bump into the next paygrade. either by working hard, or aquiring more education.

    "You get treated like one of the herd. "

    how so? you are part of a body of workers with one voice to the company, and to the government. You still get to vote on issues, you can still get involved.

    A union takes NOTHING away from the individule.

    OF course an IT union would be different then your manufactureres union, it would have to be. Mostly it would be a voice to help stop us from getting kicked around anymore.
  • Re:Well... (Score:2, Insightful)

    by rolla ( 17293 ) on Wednesday April 21, 2004 @04:26PM (#8933018) Homepage
    Your logic is the most flawed I have seen. There is no need for a IT Union if there ever became one I would be one of the first people to leave this industry because that will be the first sign of decline. When you have unions you end up with things like I cannot move that power cord on the floor because it is another union I have to sit here until that union shows up and moves it for me. So to put in IT speak. It wold be liking having the wait for the network union to show up to plug you network cable into the wall before you can use it and god forbid you plug it in yourself. You will be branded as a job stealer and most likely find that your network will stop working for no reason and unable to get it to work. Also all that cross training you use to get where you could learn how to be a DBA or a sysadmin or a network admin. Forget it will all be locked up in that union. You will only do what your allowed to do. Cause if you think that it would only be 1 big IT union you are nuts each little group would stand theirs up because the other don't understand their problems. Now Think about that.
  • by hagbard5235 ( 152810 ) on Wednesday April 21, 2004 @04:34PM (#8933127)
    The day IT unionizes I'm out of the field. Unions tend to trade high demand, high productivity, high skilled workers for benefits for low skilled, low demand, low skilled workers.

    My one experience with being forced to unionized was when I was a grad student, and it almost halved my salary. You see the typical TA stipend for Physics grad students is much higher than the typical TA stipend for English grad students. This is primarily due to the chronic undersupply of qualified Physics grad students to TA courses. But in the union shop where I went to grad school the union demanded that all TAs were paid the same rate. Net result: I was making half what I'd be making anywhere else. The university wanted quite badly to pay Physics TAs more, because they were having the devils own time recruiting, but the union wouldn't let them.


    If IT unionizes there will be a great sucking sound as the talent moves on to find new fields, and people will look back and wonder why high tech just stopped innovating all of a sudden.

  • Re:Well... (Score:3, Insightful)

    by 14erCleaner ( 745600 ) <FourteenerCleaner@yahoo.com> on Wednesday April 21, 2004 @04:58PM (#8933417) Homepage Journal
    Be of good cheer: NPR [npr.org] reported yesterday that computer science college enrollments are way down. So the oversupply will correct itself (again) as those students who don't really like computers stop majoring in it.
  • by beforewisdom ( 729725 ) on Wednesday April 21, 2004 @04:58PM (#8933422)
    This bill is not just about IT workers.

    There is also something you can do about it.

    The link below is a web form that will send a letter protesting the bill. It is a very SHORT form.

    http://www.saveovertimepay.org/index.cfm?ms=google [saveovertimepay.org]

    Steve

  • by spun ( 1352 ) <loverevolutionary@@@yahoo...com> on Wednesday April 21, 2004 @05:07PM (#8933510) Journal
    You need a union because if you go it alone, they will squash you like a bug. At least they won't hire Pinkertons to KILL YOU anymore. Unions brought us child labor laws, the weekend, the 8 hour work day, 40 hour work week, minimum wage, workplace safety regulations and a lot more that we take for granted now. Sure, lots of today's unions have been taken over by greedy fat-cats, but that doesn't make the basic concept wrong.

    Let's remember that strikes are not the only tool in the box of the creative labor organizer. Sabotage, sick-outs, work to rule, and slowdowns are all massively effective and less likely to get you replaced if you are careful.
  • Re:Well... (Score:2, Insightful)

    Lets face it. The Boom is over.

    Programmers are a dime a dozen. Helpdesk is point and click. Sql Server types are removing the need for database admins and any IT skill that isn't oversupplied is outsourced to India, where everyone is better than us anyway.

    There is no more money in IT Office work.

    Go solo. Set up your own company if you want to see more than 30k and yet another UAT form.

    We should have taken business courses
  • by composer777 ( 175489 ) on Wednesday April 21, 2004 @05:23PM (#8933658)
    Facts? Ok, I can't "prove" any of this to you. However, disproving things is much easier. I would challenge you to find a case of a Union shop having the effect of an employer treating non-Union employees worse. I can't think of any, nor can I think of how this would occur. What would an employer do, tell it's non-Union employees that the Union is causing their wages to drop? If they do that enough, then the non-Union employees will form a Union. Not only that, but non-Union shops still have to compete with Union shops for employees. If your competitor is offering $40 an hour to it's employees, and you only offer $25 for the same amount of work, how can you expect to compete? It would seem rather self-evident that market forces would cause both Union and non-Union shops to increase their wages. This of course can cause devaluation of the dollar, however, that's a good thing in this case, since devaluation actually reduces the amount of power that those with lots of cash have over us. If someone is sitting on a pile of $20 billion dollars and wielding it like a stick to beat labor into submission, cutting the value of that money in half reduces the power that they have.

    As far as ad-hominen attacks go, I fail to see how paying attention to the facts is an ad-hominem attack. I was merely giving my opponent credit for understanding the fact that without labor unions it is likely that the conditions of working people, including children, would likely get much worse. Things didn't get better magically. Businesses didn't accept a minimum wage and health benefits out of the goodness of their own hearts. The logical extension of "letting the market set prices", is going back to conditions when the market did set the price. We have history, we have facts, we know what it was like when "the market set the price". I shouldn't have to dredge up every single fact or write a book to remind him of this. The logical extension of what he is promoting are similar conditions to the early 20th century in America, or the current situation in the 3rd world, where there are no regulations.

    Yes, I have backed that up. I've told you the facts, that things were much worse before Unions were around. More specifically, in countries that have no Unions, such as Mexico, India, the majority of South America, China, etc., the workers are treated much worse. The economies in the majority of the 3rd world are about as unregulated as it gets, with no environmental protections, no labor laws, etc, and I see no reason to envy them, can you give me any? I'm sorry if that's not enough for you, I'm not going to find references for everything I say in an online forum. Maybe some other time I will. If you really believe that workers were treated better before Unions, then I would like to see your evidence. I have found references in the past but I think that the effect Unions have had on wages is fairly obvious.
  • by Mateito ( 746185 ) on Wednesday April 21, 2004 @05:49PM (#8933897) Homepage
    > _most_ consultants are older (30s - 50s)

    Look. 30s is not "old".

    I don't care what age you are. 30 is not old.

    Having said that, I've just enrolled in an MBA to stop my job becoming redundant. Sure, its great to be flexible, but you get to a point where you don't want to spend 70-100 hours a week in order to stay on top of things.

    I am not going to be the sort of father who never sees his kids. The best job and biggest house aint worth nuts if your never see those things that count. IE.. family.

    (and yes, I was a die hard capitialist who has been "reborn" into the "what's important is the simpler things in life" school of thought. The old axiom is true... you simply can't take it with you.)
  • Re: 100k (Score:3, Insightful)

    by panaceaa ( 205396 ) on Wednesday April 21, 2004 @06:15PM (#8934090) Homepage Journal
    Are you on crack? Even in San Francisco a 2 bedroom apartment for $2600/mo that's "crap" is a complete rip off. I have a beautiful 3 bedroom apartment in the Mission for $2700/mo. Maybe there's crap 2-br apartments for $2600/mo on Nob Hill or in North Beach, but no one's forcing you to live in an expensive neighborhood.
  • by composer777 ( 175489 ) on Wednesday April 21, 2004 @06:16PM (#8934101)
    You're right, it was an over-simplification that ignores the obvious fact that if things get low enough people simply drop out or attempt to form their own business. Now, there some pretty huge barriers that make the latter rather difficult, but there is evidence that the former (which is simply dropping out) is happening at an alarming rate in the US. Go through my posts and read the last post that I wrote. Basically, as I explained in that post, "dropping out" is a nice euphenism for some of what is happening already in our country. People are already refusing the $5.15 an hour and choosing crime, or simply to drop out and go on welfare if they can, or be homeless. None of these things are good. This is part of the reason that we have such a huge jail population, the largest in the world, even larger than China's. So, you are right, I did over-simplify, simply to help make my point more succint, not because I was afraid of where logically extending my argument would take us. If anything taking into account the fact that people will only go so low makes my argument stronger, not weaker. When a large enough group of people reach that breaking point, it usually means the destruction of the society they are a part of.
  • by rollingcalf ( 605357 ) on Thursday April 22, 2004 @02:56AM (#8936625)
    If you worked overtime while punching the clock and not getting paid for it, and were penalized or reprimanded when you went below 40 hours, you you may be able to successfully sue them for back pay. When you're overtime-exempt, employers generally aren't supposed to track hours and penalize you for undertime. Many ex-employees have won suits like this which forced the employers to give pack pay not only to the plaintiffs but to every other employee.
  • by stripes ( 3681 ) on Thursday April 22, 2004 @03:24PM (#8942170) Homepage Journal
    Try to come up with a free market reason for paying a living wage,

    There isn't one, but there is a free market reason to not pay a living wage except to people who can do work with that much value.

    Assume for the moment that minimum wage is $7.75, and that McDonalds fry flipper get payed $8.00 and a living wage is $10.00. Now assume the mimum wage is pushed up to $10. Does that make the fry flippers happy? They get $10.00. Instant raise! Cool! Except...

    The prices on anything produced with labour that use to be cheaper then $10 will go up. The prices of things dependent on those things will go up, and so on. That $10 may end up buying less then $8 did. That is standard economic answer A. Standard answer B is we find a way to make that labour cheaper, like cut any employe benefits, or hire illegally cheap labour. Then there is answer C: discontinue the product or move it somewhere cheaper (not likely with fries, but it could be for other things, it happened to USA based clothing companies). There is also answer D: increase productivity, for unskilled tasks this may be with a machine of some sort.

    So we end up either with a fry flipper that makes $10 that buys as little as the old $8, or a fry flipper that is unemployed (and thus not making 20% less then the "living wage" but 100% less!). It also eliminates a sub-living wage job for people that don't need a living wage! (people living with their parents, or with some other type of support who only want to a little "spending money")

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