New Overtime Rules
Placed on Hold
Bob Dunlevey of
Taft, Stettinius & Hollister, LLP
On November 22, a federal Judge in Texas enjoined the
U.S. Department of Labor from implementing its new overtime rules
throughout the U.S. – regulations which were to become effective
December 1. The new overtime rules made approximately 4.2 million more
workers subject to overtime compensation by stripping them of their
exemptions. This is a preliminary injunction only and the final ruling
will come in the months to come. In the meantime, employers need not
comply with these new rules which require employees to receive at least
$47,476 per year to enjoy the overtime exemption. Employers may wish to
put on hold any salary increases given to employees in order to satisfy
the higher salary test.
The Judge ruled
that the DOL's promulgation of these regulations exceeded its authority.
The Court appeared to say that the focus as to whether an employee is
exempted should not be on the amount of salary earned, but instead the
actual duties performed. But, for many years, a salary threshold
requirement has existed but only required an annual salary of $23,660.
The DOL stated
"We strongly disagree with the decision by the Court, which has the
effect of delaying a fair day's pay for a long day's work for millions
of hardworking Americans." Of course, these new regulations continue to
be extremely controversial and the 21 states and various trade
associations including the U.S. Chamber of Commerce appear to have great
resolve in stopping these new regulations from being implemented. This
case needs to be carefully watched because it also sets the tone for
further attacks on other rules and regulations promulgated by other
agencies during President Obama's term.
Based on this
federal Court case, employers need not comply with the new overtime
regulations on December 1 but should remain prepared to do so in the
event the decision of the federal Judge is modified or overturned. Most
importantly, in the last several months, I have met with numerous
employers in order to ensure compliance with the new regulations. This
exercise confirmed that many employers had misclassified employees as
exempt under the previous regulations. These employers should not delay
in reclassifying those employees previously misclassified. Remember, it
is estimated that 70% of employers are in violation of federal wage-hour
laws. Audit your wage-hour practices today!
additional information, utilize your Legal Services Plan. Contact
attorney Bob Dunlevey, OSBA Board Certified Labor and Employment
Attorney at (937) 641-1743
Bob Dunlevey - General Counsel
Taft, Stettinius & Hollister, LLP
40 North Main Street
Dayton, OH 45423-1029
PH: (937) 641-1743
FX: (937) 228-2816
Confined Space Standard for the Construction Industry
By: Gary W. Auman
Construction Confined Space
Standard – This standard has been in the works
for several years. The standard was finally published as a final rule on
May 4, 2015 with an effective date of August 3, 2015. Recently OSHA
issued a stay of enforcement until October 2, 2015. During this period
OSHA will not issue citations to employers making a good faith effort to
comply with the new standard as long as the employer is in compliance
with the training requirements for a competent person under Section
1926.21(b)(6)(i) or those found in Section 1926.1207. During this 60-day
period employers not in compliance with either of these standards may be
cited for a violation os Section 1926.1207(a). While this rule is being
touted as very similar to the General Industry Confined Space Standard,
it does contain some nuances that are unique to it and to the
construction industry. [See
The Bureau of Workers’ Compensation offers a number of programs
that allow employers
to receive discounts on their workers’ compensation premiums.
Hunter Consulting Company
can assist employers in
choosing the most cost effective program for their company and then
continue service by assisting the employer in meeting all program
deadlines and requirements.
ORCA has launched a Safety Marketplace through the
Beeline Purchasing Program. ORCA members can buy safety products
directly from manufacturers at considerable discounts - up to 30%
to browse the catalog
Click here to login and shop. Your login username will be your email
address, your login password will be your last name.
have issues making a purchase, please contact Kevin Holden at Beeline
Purchasing, 513-607-5955 or email
Beeline Purchasing LLC is partnering with ORCA
to offer a new member benefit.
10-30% savings over traditional methods of
Multiply the buying power of the entire
group for additional discounts
First hand technical assistance and support
from factory reps
Independent and unbiased brokers
Reduce middleman expenses
Pass on manufacturer promotions
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