This seems to be a cultural problem with the US. I agree with everything the author has said, but let me play devil's advocate: What is stopping a employee -- in a free market with specialized skills -- from adding a provision in his/her employment agreement for payment for hours worked >40 hrs/wk.

If the employer values you they will either tell you not to work more than the 40, or tell you when you can -- shifting the power to you.

There is no rule -- or should there be, about negotiating such terms.

Switching back, I think this should arrive more from our culture as it takes an assertive individual to do this as of now. I am a little hesitant to make such terms gov't mandated -- but I would like to hear arguments for it.