Now that the 2016 FSLA update has been in effect for a year, I'm trying to determine how the Construction Industry fared under the new rules. Did your company adjust any Superintendent salaries in anticipation of the new rules? Or did you start paying overtime to the Supers who did not qualify as Exempt? Besides the minimum salary requirement, how did you classify your Supers to meet the job category requirements? We used the $47,476/Salaried/Executive Job Duties (appraising productivity, determining work techniques, planning the work) model to classify our Supers as Non-Exempt. I'm curious about the rest of the industry. Any thoughts/examples would be appreciated.
Sue Corbett, CPA
Chief Financial Officer
2810 Dorr Ave
Fairfax, VA 22031
703-534-2672 ext. 107
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Over 45 Years of Commercial Construction Experience
Sorry .... I meant we classify our Supers as EXEMPT from overtime.
Wasn't that overturned?
2904 N. Madelia St
PO Box 7339 Spokane, WA 99207
P. 509 | 489.0563
F. 509 | 489.0574
WASHINGTON, DC – The U.S. Department of Labor today announced plans to undertake new rulemaking with regard to overtime.
On July 26, 2017, the Department of Labor published a Request for Information (RFI) regarding the Overtime Final Rule, which was published on May 23, 2016, asking for public input on what changes the Department should propose. That comment period has ended and the Department is reviewing those submissions.
On August 31, 2017, U.S. District Court Judge Amos Mazzant granted summary judgment against the Department of Labor in consolidated cases challenging the Overtime Final Rule. The court held that the Final Rule's salary level exceeded the Department's authority, and concluded that the Final Rule is invalid.
On October 30, 2017, the Department of Justice, on behalf of the Department of Labor, filed a notice to appeal this decision to the U.S. Court of Appeals for the Fifth Circuit. Once this appeal is docketed, the Department of Justice will file a motion with the Fifth Circuit to hold the appeal in abeyance while the Department of Labor undertakes further rulemaking to determine what the salary level should be.
Thank you! I don't know how I missed that! Good to know!