Senator Tom Harkin (D-Iowa) says he has the votes to amend the Labor-HHS-Education Appropriations bill. The amendment would block Labor Department funding to implement any regulation that would take away the right for overtime pay for workers.

The Labor Department has proposed a rule that would update the criteria used to determine what jobs are eligible for overtime under the 1938 Fair Labor Standards Act. The preliminary rule, which was issued in March, would allow 1.3 million low-income workers who are now exempt from overtime pay to become eligible. The administration proposal could also deny overtime benefits for at least 644,000 workers.

A similar amendment by Congressman David Obey (D-Wisconsin) to the House Labor-HHS-Education spending bill was defeated in July. President Bush threatened to veto the whole bill if Congressman Obey’s language had been attached.