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Tina
Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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Our business is selling and delivering fuel and propane to

Customer Question

Our business is selling and delivering fuel and propane to mainly agricultural customers. Our fuel truck delivery drivers are paid a salary of approx. $45K a year and perhaps put in about 10 hours of overtime per week, and they're not paid for this overtime. Under the new FLSA Overtime Exemption Rule which is planned to take effect 12/1/16, in which workers who earn $47,476 or less are to be paid overtime, is that just for white collar employees, or would our drivers fall under that rule too?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Taylor replied 2 months ago.

hi my name is ***** ***** I would be happy to help.

To qualify for exemption, a white collar employee generally must:

  1. be salaried, meaning that they are paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (the "salary basis test");
  2. be paid more than a specified weekly salary level, which is $913 per week (the equivalent of $47,476 annually for a full-year worker) under this Final Rule (the "salary level test"); and
  3. primarily perform executive, administrative, or professional duties, as defined in the Department's regulations (the "duties test").
Expert:  Taylor replied 2 months ago.

does that adequately answer your question?

Customer: replied 2 months ago.
just so I understand for sure, blue collar workers who don't qualify at all in a white collar classification are not included in this new overtime rule?
Customer: replied 2 months ago.
06 October 2016 03:00
So, just so I understand for sure, blue collar workers who don't qualify at all for a white collar classification as to duties, are not included in this new overtime rule?
Expert:  Taylor replied 2 months ago.

give me a moment to fully evaluate your questions and i will be back shortly with an answer!

Expert:  Taylor replied 2 months ago.

I believe your drivers would fall under the new rule, if they are making under the $47,476. The white collar exemption would not apply to your drivers because they do not comply with the requirements of the white collar exemptions.

Expert:  Taylor replied 2 months ago.

in order to comply with the new requirements, you could raise your employee's salary and/or pay them OT pay for the 10hours of OT they perform each week. does that make sense?

Expert:  Taylor replied 2 months ago.

do you have any further questions or concerns i can help with at this time?

Expert:  Taylor replied 1 month ago.

hello?

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