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Labor Department Requests Input on Revising Overtime Rule
On July 26, the U.S. Department of Labor (DOL) formally published a Request for Information (RFI) on the 2016 changes to the Fair Labor Standards Act (FLSA) overtime regulations. This RFI is the first step the DOL is undertaking to revisit the overtime rule, which dramatically increased the salary threshold for exempt employees. OCA’s national affiliate, AGC and its members were concerned that imposing such a large and immediate increase might result in unintended consequences, particularly for small construction companies, construction employers in lower-wage regions, and construction personnel.
In 2016, the DOL released a final rule implementing changes to the overtime regulations. The most significant change was a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). The changes were set to take effect on Dec. 1, 2016, but a district court in Texas blocked the Obama administration's rule. In its decision, the court noted that DOL, by setting the salary threshold so high in the rule, improperly made it the primary focus in determining whether an employee is exempt. The Trump administration abandoned the Labor Department's initial appeal of the court striking down the salary threshold, but appealed the decision's conclusion that the DOL did not have the authority to set a salary threshold to determine whether an employee qualifies for exemption.
Still awaiting the court’s decision, the DOL ultimately decided to go forward and seek public input on the rule now to assist in the development of a future notice of proposed rulemaking (NPRM). Specifically, the RFI requests comments on questions related to the salary level test, the duties test, inclusion of non-discretionary bonuses and incentive payments to satisfy a portion of the salary level, the salary test for highly compensated employees, and automatic updating of the salary level tests. The deadline to submit comments is September 25, 2017.
OCA will continue to monitor AGC’s activity and input to the DOL on the impact further changes might have on the construction industry and will notify our members of any developments.
OCA Union Labor Contract Books Available
OCA recently received its supply of the new, 2017-2020 Operating Engineers, Local 18, Heavy/Highway contract books. They, along with the current Carpenters’, Cement Masons’, Laborers’, and Teamsters’ agreement books are available for purchase. The price is $3.00 per book plus shipping for OCA members and $4.00 for non-members.
To submit your order, please contact Kim Dillon in the OCA office at 614-488-0724
Hall of Fame Nominations and Distinguished Service Award Nominations
In recognition of outstanding service within the heavy/highway industry and our association, nominations are being accepted for the following professionals:
• Hall of Fame (contractor members)
• Distinguished Service Award (associate members)
Requests for nominations are solicited through chapter meetings and newsletters. Nominated candidates must meet the following requirements before being listed for election:
a) Must have 20 years of service to the construction industry.
b) Active with OCA at least 15 years, serving at least 15 years on OCA’s statewide committees.
c) Candidates should have contributed significantly toward the stated goals and purposes of the Ohio Contractors Association.
Candidates must be nominated by an OCA member. No more than two may be elected to the Hall of Fame and one elected for the Distinguished Service Award each year. A secret ballot will be used to select nominees. Awards will be presented at the OCA Winter Conference. Deadline for nomination is September 22, 2017.
Please submit your nomination to Rachel Sirca at [email protected].
Past Presidents Service Award Nominations
The Past Presidents of OCA have established an annual award, “The Past Presidents’ Service Award,” that stands for recognition of outstanding service for or on behalf of OCA. Its purpose is to encourage OCA members to contribute more service for the association throughout the year and reward them for doing so. This award will be presented at the OCA Winter Conference.
The award includes $500 to be shared equally by those elected, as well as a plaque, supplied by the Past Presidents. Any candidate must be affiliated with an OCA member in good standing. He or she must have contributed some extraordinary service for the association during the year. Any, and every, OCA member is eligible. OCA staff members are not eligible. Any OCA member may submit a name to be considered.
All persons to be considered will be rated by all Past Chairpersons on a scale of 1 to 5, with 5 being the highest rating. The person receiving the most points will receive the award. OCA will be responsible for distributing the names and resumes to the Past Chairpersons and collecting and tabulating the ratings of the nominees. Deadline for nominations is September 22, 2017.
Please submit your nomination to Rachel Sirca at [email protected].
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