newsletter highlighting veterinary issues for
September 3, 2004 Volume II, Number 7
In This Issue
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How Does “FairPay” Impact
ISVMA asked Bruce Stratton, ISVMA legal counsel, to review the FLSA overtime
pay provisions (FairPay) and clarify how the new
rules impact the status of overtime rules in
Act 93-0672, which became effective on April 2, makes the “duties test”
changes to the federal Fair Labor Standards Act overtime regulations inapplicable in
to April 2, an employee who was properly classified as exempt from the overtime
requirements of the FLSA was also exempt from
93-0672 amended the Illinois Minimum Wage exemptions from the requirement
that overtime pay is required for time worked in excess of 40 hours a week.
The law continues to exempt from the overtime pay requirement “bona fide
executive, administrative or professional” employees “as defined by or
covered by the Federal Fair Labor Standards Act of 1938 and rules adoped under that Act, as both exist on March 30, 2003,
but compensated at the amount of salary specified in subsections (a) and (b)
of Section 541.600 of Title 29 of the Code of Federal Regulations as proposed
in the Federal Register on March 31, 2003 or a greater amount of salary as
may be adopted by the United States Department of Labor.” This means that
as the employer is deciding the question of exempt and non-exempt it must
continue to look at the duties performed by the employee as such duties were
defined in the FLSA prior to the recent changes. That is to say, the recent
changes in the so called “duties” test under the FLSA are NOT effective in
conclusion, I would also point out that the philosophy underlying the FLSA is
fairly clear even if the language of the Act and the Regulations is not. The
Act is intended to prevent the presumed abuse of employees that results in
requiring them to work in excess of 40 hours per week without overtime
compensation. We believe that the
Section 5. The Minimum Wage Law is amended by changing Section 4a as follows:
ILCS 105/4a) (from
Sec. 4a. (1) Except as otherwise provided in this Section, no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours specified at a rate not less than 1 ˝ times the regular rate at which he is employed.
(2) The provisions of subsection (1) of this Section are not applicable to:
E. Any employee employed in a bona fide executive, administrative or professional capacity, including any radio or television announcer, news editor, or chief engineer, as defined by or covered by the Federal Fair Labor Standards Act of 1938 and the rules adopted under that Act, as both exist on March 30, 2003, but compensated at the amount of salary specified in subsections (a) and (b) of Section 541.600 of Title 29 of the Code of Federal Regulations as proposed in the Federal Register on March 31, 2003 or a greater amount of salary as may be adopted by the United States Department of Labor, as now or hereafter amended. For bona fide executive, administrative, and professional employees of not-for-profit corporations, the Director may, by regulation, adopt a weekly wage rate standard lower than that provided for executive, administrative and professional employees covered under the Fair Labor Standards Act of 1938, as now or hereafter amended.
(4) A governmental body is not in violation of subsection (1) if the governmental body provides compensatory time pursuant to paragraph (o) of Section 7 of the Federal Fair Labor Standards Act of 1938, as now or hereafter amended, or is engaged in fire protection or law enforcement activities and meets the requirements of paragraph (k) of Section 7 or paragraph (b)(20) of Section 13 of the Federal Fair Labor Standards Act of 1938, as now or hereafter amended.
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Regardless of when or where you attended veterinary college, you have something valuable to offer the newest veterinary professionals – the students. Mentors enhance the learning experience by helping students solve problems, encouraging them in their educational and career development and providing examples students can use for their personal and professional development.
The process for matching mentors with students is different this year. ISVMA and the UI-CVM have committed to utilizing an innovative national veterinary mentoring program introduced by the AVMA. Those of you interested in becoming mentors can register by clicking on the mentoring logo! There are students waiting for your mentoring assistance!
“I was sustained by one piece of inestimable good fortune. I had for a friend a man of immense and patient wisdom and a gentle but unyielding fortitude. I think that if I was not destroyed at this time by the sense of hopelessness which these gigantic labors has awakened in me, it was largely because of the courage and patience of this man. I did not give in because he would not let me give in.” – Thomas Wolfe
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It is time for the Third Annual Mentor Tailgate! Whether you are currently signed up to be a mentor or want to explore the possibility, come join the celebration at 9:00 a.m. on Saturday, September 11. We are going to be entertained by the Marching Illini Drum Line and Horn Line and then the Fighting Illini football team will square off against UCLA at 11:00 a.m.
Please contact the Office of Academic and Student Affairs to register for the Mentor Tailgate. Reservations should be made immediately!