The public debate regarding the venerable Fair Labor Standards Act (FLSA) overtime rules makes it clear the time is ripe to re-examine the FLSA in toto. To what extent is “fair” and meaningful labor-standards reform embodied in the Department of Labor’s (DOL) recently revised white-collar exemption and the perennial Congressional proposals to allow compensatory (comp) time to be substituted for premium cash payment? With so much attention paid to which and how many job classifications are (or are not) becoming exempt, all sight of the forest has been lost in the trees. The standard to apply to any proposal is the extent to which it remains true to the original intent of the FLSA. That is, does it sufficiently: (1) deter employer demand for excessive work hours that may lead to overwork, (2) reward extended work effort, and (3) encourage the spreading of job opportunities?
