Who is most likely to lose overtime rights under the new rules?
Congress originally intended for the exceptions (called “exemptions”) to the 40-hour workweek to be limited to “executive” management, “administrative” management, “professionals” such as doctors and lawyers and outside salespeople. The new Bush rules expand those categories beyond all recognition, and far beyond what Congress originally intended, so that all kinds of workers who are not truly management or professionals or outside salespeople will now be ineligible for overtime pay. Workers who have only minimal supervisory responsibilities may now be considered “pay executive” management; workers who perform some administrative work but are not in any sense managers may now be considered “administrative” management; and workers such as embalmers, athletic trainers and chefs who have never gone to culinary arts school may now be considered “professionals,” just like doctors and lawyers. The new rules also expand the exempt category of outside salespeople to include many workers who pe
