Research - Rehabilitation - Re-Employment

Sgt. Shaft 02/16/2004

Dear Sgt. Shaft:
Thank you for your willingness to help set the record straight on the Department of Labor’s proposed clarifications of the Fair Labor Standards Act “white collar” exemptions. The recent absurd allegations that military personnel and veterans will lose overtime pay are absolutely false and irresponsibly harmful to the morale of veterans and of American service men and women who are standing in harm’s way. The Department of Labor assures you that military members and veterans are not impacted by these proposed rules by virtue of their veteran status.

It has been alleged that, because military personnel may receive training relevant to a civilian job, such training would automatically classify an individual as a “learned professional” under the white-collar exemption. This is not true. For example, if someone is working as an engineer technician for an aircraft manufacturer, that person is not an exempt professional under the current or proposed rules, and being a veteran will not change that.

While members of the armed services receive outstanding training in their military careers, it is important to recognize that the source of training, whether military or civilian, is not the determining factor for overtime pay. The determining factor for overtime eligibility remains the standard educational requirements for the occupation and the actual duties performed by the employee. Only occupations that customarily require an advanced specialized degree are considered professional fields under the current and proposed rules. No amount of military training can turn a technical field into a profession. Similarly, an employee with a Ph.D. who is working on a manufacturing production line is not a professional because the employee is not performing professional duties. Thus, professional status is not now, nor will it be under the proposal, based on training alone, military or otherwise.

To that end, I ask you to join me in our commitment to addressing real issues affecting our veterans, rather than lending credence to cynical and baseless accusations, which do a grave disservice to those who have served our country honorably. As one who shares my commitment to protecting the rights of our service members and veterans, I hope you will help me in speaking up against this misinformation directed at these honored Americans.

Sincerely,
Frederico Juarbe Jr.
Assistant Secretary VETS,
USDOL

Dear Mr. Secretary
Veterans and our military warriors should not be used a pawns in a political game of chess. I echo the words of the NCOA president Gene Overstreet as expressed his grave concerns in letters to the Senate majority Leader and Speaker of the House

regarding the delaying tactics used by the opponents of the implementation of the Fair Labor Standards Act relative “white collar” exemptions. “Claims that military members involved in the War on Terrorism and this Nation’s veterans will have their employment status elevated to “exempt” based on military training and experience and lose opportunity for overtime compensation are patently incorrect. The Association regrets that some would wrongfully use such false allegations concerning impact to America’s service members to garner emotional and legislative support to delay the final rules for implementation of FLSA.

It is a blinding glimpse of the obvious that neither the current rules nor the revised proposal will negatively impact those who serve or have served in the Uniformed Services. In fact, this association’s direct discussions with DOL leads us to the conclusion that the proposed rule relative the revised ceiling for annual income (increased from $8,060 to $13,000) will greatly expand the eligibility pool for worker overtime compensation.

It is outrageous that unsubstantiated claims are reaching America’s Soldiers, Sailors, Marines, and Airmen currently in harm’s way that their future return to civilian jobs will result in a reclassification of their employment status. It is clear from our discussions with the Department of Labor that the proposed rules makes no changes from the current regulation and case law regarding military training and eligibility for overtime payments.

NCOA will continue to monitor the rights of all service members and pursue DOL intervention if the intent of any program or interpretation of the published rules would negatively impact those who have served in the Uniformed Service of this Nation.

The Sarge and NCOA will remain vigilant to ensure their employment rights.

In a recent remarks on the House floor U.S. Congressman Sam Johnson (3rd Dist-Texas) a former Prisoner of War in Vietnam , blasted big labor efforts to politicize the overtime issue by alleging that new rules would hurt veterans of this country. Johnson currently chairs the Subcommittee on Employer-Employee Relations on the Committee on Education and the Workforce.

"MR. SPEAKER, I AM HERE TODAY TO DENOUNCE AN EFFORT BY BIG LABOR TO SCARE OUR NATION'S VETERANS AND SERVICEMEN AND WOMEN INTO THINKING THE DEPARTMENT OF LABOR IS OUT TO 'TAKE AWAY THEIR OVERTIME.' NOW THAT IS A LIE! "THE DEPARTMENT OF LABOR IS WORKING ON REVISIONS TO THE REGULATIONS GOVERNING OVERTIME PAY. THESE REGULATIONS WOULD PROVIDE 1.3 MILLION MORE AMERICANS WITH OVERTIME, AND HELP MILLIONS OF HARD WORKING PEOPLE IN THIS COUNTRY.

"LET ME BE ABSOLUTELY CLEAR - THE DEPARTMENT OF LABOR'S PROPOSED OVERTIME REGULATIONS DO NOT APPLY TO THE MILITARY. AND NOTHING IN EXISTING LAW OR THE PROPOSED REGULATIONS SUGGESTS THAT BEING A VETERAN WOULD HAVE ANY EFFECT ON OVERTIME PAY.

"IT IS A SAD DAY WHEN THE MEN AND WOMEN OF OUR ARMED SERVICES ARE EXPLOITED FOR POLITICAL GAIN. OPPONENTS OF THESE REGULATIONS SHOULD BE ASHAMED"

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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