Analyst Paul Kersey of the Heritage Foundation agrees: "by raising the minimum salary level needed for 'white collar' status, the Labor Department is returning to the original intent of the Fair Labor Standards Act - to protect unskilled manual laborers from the dangers of overwork. By limiting work hours, Congress meant to reduce the dangers of fatigue and workplace accidents and allow workers more time for recreation, family and education. Executives, administrators and professionals were excluded because they were seen as having both higher compensation and greater job security, giving them better control over their own work hours."
Kersey adds: "The drafters of the original Fair Labor Standards Act probably would be shocked to learn that, under today's rules, a cook earning $13,000 a year can be considered an executive because he supervises two kitchen workers, while a technician with a $70,000 salary can receive mandatory overtime pay. More straightforward regulations will make enforcement of the wage-and-hour laws easier. Thus unskilled workers, the employees who have the least control over their working hours and conditions, will receive the maximum level of protection. Under the new rule, any worker receiving a salary of less than $20,000 will be eligible for overtime, regardless of his or her job duties."(3)