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Jim Lane

(11,175 posts)
20. Are you arguing that the Constitution requires overtime pay?
Fri Feb 6, 2015, 10:34 AM
Feb 2015

The Constitution has never been interpreted to require private employers to do anything of the sort (to pay overtime, to maintain safe workplaces, to not hire children, etc.). All those things are illegal only because of statutes.

You refer to "the law allowing wage theft". What you call wage theft was perfectly legal until 1938, when the Fair Labor Standards Act became law. It was amended in 1947 to include the language I quoted. The overall effect is that the Act, as amended, requires overtime pay for certain required activities but not for others. Just as Congress has the power to decline to require overtime pay at all (the choice it made for the first century and a half under the Constitution), it has the power to require overtime pay for some activities but not for others. Congress could repeal the entire FLSA tomorrow without violating the Constitution.

The situation at that Amazon facility is not involuntary servitude because the workers aren't legally compelled to work there. "Economic circumstances forced me to take this job so it's involuntary and hence unconstitutional" has never been accepted as an interpretation of the Thirteenth Amendment, and with good reason.

She sounds like a Republican. GeorgeGist Feb 2015 #1
her job will be to implement the policies and views of barack obama nt msongs Feb 2015 #10
I will never support a drug warrior for exective office in the Justice Dept.... mike_c Feb 2015 #2
Why? progressoid Feb 2015 #3
corporatist lawyer jimruymen Feb 2015 #4
She sounds like another of Pres Obama's disappointing appointees. Not a progressive rhett o rick Feb 2015 #5
Nope. Hell, even his Supreme Court nominees voted to allow wage theft by Amazon. Scuba Feb 2015 #9
I saw that. Erg! nm rhett o rick Feb 2015 #14
No, they recognized that Congress had voted to allow it. Jim Lane Feb 2015 #15
Their job is to overrule Congress if appropriate. That's a big part of what the SCOTUS is for. Scuba Feb 2015 #16
Only in cases of violations of the Constitution. Jim Lane Feb 2015 #18
Exactly. Are you arguing that the law allowing wage theft is Constitutional? Scuba Feb 2015 #19
Are you arguing that the Constitution requires overtime pay? Jim Lane Feb 2015 #20
Work without pay sure sounds like "involuntary servitude", but maybe that's just me. Scuba Feb 2015 #21
Please alert Skinner that MIRT is a violation of the Thirteenth Amendment. Jim Lane Feb 2015 #22
Your MiRT example is wholly inapposite. merrily Feb 2015 #28
the fact that she reached office under our current system of government.... Adam051188 Feb 2015 #6
I thought class wars began thousands of years ago, and almost always with government being of the merrily Feb 2015 #29
touche Adam051188 Feb 2015 #31
I agree. I don't like this choice for Attorney General mountain grammy Feb 2015 #7
Next, you'll be getting a "Greenwald-Snowden '16" tattoo on your arm. Fuddnik Feb 2015 #8
Been there, done that. project_bluebook Feb 2015 #11
Paulist have taken over ! geeez Cryptoad Feb 2015 #12
I don't support legalization of marijuana, either, unless you release ALL black and brown men Liberal_Stalwart71 Feb 2015 #13
Your characterization of the OP is indefensible. Jim Lane Feb 2015 #17
I don't give a fuck about Rand Paul or what he thinks. As long as he's Liberal_Stalwart71 Feb 2015 #23
"Case closed!" Not really, you're using a associational and/or genetic fallacy friendly_iconoclast Feb 2015 #24
There is nothing you can tell me, no article you can post, or write that would EVER lead me to Liberal_Stalwart71 Feb 2015 #25
Pointing out that a racist is correct on *one* subject isn't giving them a character reference friendly_iconoclast Feb 2015 #32
Good examples. I remember making the same point about NAFTA. Jim Lane Feb 2015 #30
If Paul said that 2+2=4, those who pointed out that he was correct in that instance would be... friendly_iconoclast Feb 2015 #33
Our interlocutor seems bent on avoiding actually discussing what Riker brought up friendly_iconoclast Feb 2015 #34
I DON'T SUPPORT RACISTS!!!! Liberal_Stalwart71 Feb 2015 #26
ITA on releasing and wiping clean JustAnotherGen Feb 2015 #27
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