Products, Vendors, CAD Files, Spec Sheets and More...
Sign up for LAWeekly newsletter
The federal government's new rules on overtime pay went into effect on Aug. 23, but experts say they're unlikely to lead to sweeping changes.
The new rules guarantee overtime pay for workers earning less than $23,660 annually, versus a cutoff of $8,060 before the new rules went into effect. While it's a big change on the surface, almost all manual, landscape and construction workers received overtime under the old rules. For the business owner, this means the legislation's impact should be minimal, said Tom Delaney, government affairs coordinator for the Professional Lawn Care Association of America.
The changes say more about overtime for administrators and supervisors. The new rules more tightly define which executive, administrative and computer employees can be denied overtime. For example, executives who have ?EUR??,,????'??the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing advancement, promotion or any other change of status of other employees are given particular weight?EUR??,,????'?? can be denied overtime, according to information on the Department of Labor's web site.
Some computer systems designers and outside sales personnel can also be denied overtime under the new rules. A handy summary of the changes can be found at www.dol.gov/esa/regs/compliance/whd/fairpay/side-by-side.
Despite its limited scope, the rule change has been controversial. In August, three high-ranking former Department of Labor officials under Presidents Reagan, (George H.W.) Bush and Clinton issued a statement saying the changes will boost the number of workers without overtime rights. Democratic presidential nominee John Kerry has even said he will repeal the changes if elected.
Others disagree. John Satagaj of the Small Business Legislative Council said that objections will probably fade as the new rules are put into practice. ?EUR??,,????'??Despite their howling to the contrary, I believe organized labor is going to find that a good number of employees that are currently (not eligible) will be reclassified as (eligible for overtime)?EUR??,,????'?? under the new rules, he said.
A lot of the gray area will be worked out in the coming months, the PLCAA's Delaney said. Workers' fears that employers might try to exploit the rules probably aren't justified, he added.
?EUR??,,????'??I think most employers want to have good relations with their employees,?EUR??,,????'?? he said. ?EUR??,,????'??If (these changes) lead employees to work more or earn less money than they do now, I think it's going to be a no-go (decision) for the company.?EUR??,,????'??
What follows is a legal analysis from a landscape business point-of-view by Richard I. Lehr, legal counsel for the Professional Lawn Care Association of America.
The United States Department of Labor, Wage and Hour Division issued new regulations covering the ?EUR??,,????'??white collar?EUR??,,????'?? exemptions which took effect on Aug. 23. The job classifications covered by these exemptions include executive employees (also includes managers and supervisors), administrative, professional, outside sales and computer programmers and analysts. Remember that it is the employer's burden to prove that the use of the exemption is a proper one if the employer is challenged. The following is a summary of key changes to the exemptions:
The professional employee exemption currently involves an individual who has a degree in the field of science or learning or whose work is creative or original in nature. Under the new regulations, there are circumstances where an individual may be exempt as a professional even if the individual does not have the advanced degree. A high school or technical degree will not suffice, however. Rather, the individual must have studied at an institution of higher learning and performed the types of duties that an exempt professional with a degree performs.
The risk-management responsibility that lawn care employers had will under the new regulations. An employer is not required to convert a non-exempt employee to exempt status. However, an employer may be required to either convert a current exempt employee to non-exempt status or change the individual's compensation and/or duties to comply with the new regulations.
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
Sign up to receive Landscape Architect and Specifier News Magazine, LA Weekly and More...
Invalid Verification Code
Please enter the Verification Code below
You are now subcribed to LASN. You can also search and download CAD files and spec sheets from LADetails.