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Records Management Program <[log in to unmask]>
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From:
Patrick Cunningham <[log in to unmask]>
Date:
Tue, 12 Jul 2016 15:22:09 -0500
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Records Management Program <[log in to unmask]>
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I am not a lawyer. Strongly recommend that anyone who is unsure of the
implications of the rule consult with qualified legal staff for your
organization.

The way I read it (and there are very good help guides here:
https://www.dol.gov/whd/overtime/final2016/), there are several "tests"
that apply to employees potentially impacted by this rule. The basic test
is that you are salaried and make less than $47,476 per year. But there are
exemptions for certain occupations. Then there is a "duties" test, which
looks at what the person does. My reading would seem to indicate that if
you are a records manager making less than $47,476 per year, particularly
if you have more than two staff working for you, you will move out of the
"Exempt" (from overtime) classification and become overtime eligible.

The rules vary a bit for government and non-profits.

Keep in mind that just because you become eligible for overtime pay, you
may not be approved to work overtime. Just because you work ten hours a day
today, it doesn't mean that management will authorize you to work those
hours once the rule is in effect. I would actually expect, in certain
cases, that people will find themselves with a base pay of $47,477 if they
are currently very close to the limit and generally are working more than
40 hours per week.

I would also expect that the archival community will have the greatest
potential benefit as they tend to have jobs below $50K a year and since
most archivists' jobs require an advanced degree, specialized training, and
certification, they will easily be classified as "Professional" for
purposes of the rule.

Patrick Cunningham, FAI

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