Rule would create overtime exemption

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The U.S. Department of Labor recently issued a proposed rule to revise out-of-date statutes under the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947, the Marine Retailers Association of America said in a “Dealer Alert” it issued this week.

The FLSA requires employers to pay non-exempt employees a federal minimum wage and overtime premium pay of time-and-a-half for hours worked over 40 hours per week. It also contains a number of exemptions from the minimum wage and overtime requirements.

Throughout the years, Congress has amended the FLSA to refine or to add exemptions, and a 1974 amendment extended an overtime exemption to include any salesman primarily engaged in selling boats and trailers.

The proposed Department of Labor rule reflects the amendment’s addition of boat salespersons to the exemption from overtime if the boat and trailer salespersons are employed by non-manufacturing employees, and to conform with existing laws.

The proposed rule clarifies who is covered by the FLSA.

The proposed rule was published July 28 in the Federal Register. The full text of the rule is available at http://edocket.access.gpo.gov/2008/pdf/E8-16631.pdf.

The Department of Labor requests comments on all issues related to this notice of proposed rulemaking. Comments must be received on or before Sept. 11.

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