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U.S. Department of Labor Issues Final Overtime Rule

Posted By MNLA eNews, Tuesday, October 29, 2019

From Zlimen & McGuiness

This new rule does not change the fact that “Blue Collar Workers” cannot be paid on a salary basis and must be paid overtime. Workers who are non-management employees in production, maintenance, construction and similar occupations are entitled to minimum wage and overtime premium pay under the FLSA. This includes most green industry workers who are on site or in the field. The final overtime rule will be effective on January 1, 2020.



From U.S. Dept. of Labor

Due to demand, DOL Wage and Hour Division hosting additional webinars on overtime pay rule

Due to the overwhelming response received for the overtime final rule webinar on November 4 (it sold out in a half hour), the Wage and Hour Division has scheduled two additional webinars to provide compliance assistance on the final rule on:

  • Provisions of the final rule so that employers can comply with the changes and inform workers and their advocates of their rights
  • Specific changes that the final rule will make when it becomes effective on January 1, 2020
  • Detailed information about new materials and resources available on the overtime final rule website

Throughout the webinar, participants will have the opportunity to submit questions. Wage and Hour Division hosts will answer as many of those questions as possible following the presentation.

Register for the webinar on November 12, 2019 at 12 noon Central Time.

Register for the webinar on November 19, 2019 at 12 noon Central Time.

A recording of the webinar will be posted on the Wage and Hour Division’s overtime final rule website after the live presentation.

Tags:  compliance  labor  legal  overtime  US Department of Labor  wages  Zlimen & McGuiness PLLC 

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New Labor Standards and Wage Theft Law

Posted By MNLA eNews, Thursday, July 25, 2019

Minnesota recently enacted a new Wage Theft Law, which amends existing state labor laws and adds new wage and hour requirements, protections and sanctions. As of July 1, new requirements for all Minnesota employers include an employee notice requirement, plus additional information for already-required earnings statements and employer recordkeeping. Increased enforcement of state wage and hour laws and criminal penalties for employers that commit wage theft are also included in the new law. For more information, visit the Department of Labor and Industry Wage Theft Legislation 2019 and Summaries webpage at The linked page includes guidance for employers and employees, FAQs, a sample Employee Notice and other information. Additionally, here is a link to a webinar about this law, which the Minnesota Department of Labor and Industry participated in with the Minnesota Chamber of Commerce:

Tags:  employee management  labor  Minnesota Department of Labor and Industry  wages 

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Minnesota’s Sweeping Wage Theft Law

Posted By MNLA eNews, Tuesday, June 18, 2019
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Participate in the Annual Department of Labor Prevailing Wage Survey

Posted By MNLA eNews, Wednesday, April 25, 2018

If you and your company do commercial, highway/ heavy or residential construction projects in Minnesota, you have an opportunity to weigh in on rates set by the Department of Labor for these projects.

As you probably know, historically our industry has low participation in the survey and the resulting wage rates are not as accurate as they could or should be for landscape contractors.

Below is an invitation from the Department for participation. We strongly encourage you and your company to take part this year if you do this type of work.

It is that time of year again and DLI is taking surveys to set the 2018 Prevailing Wage rates. Submissions must be received by June 1, 2018 in order to be included. If you would like to participate but never have, DLI has guidance on their website here  -

Tags:  Department of Labor & Industry  hardscape contractor  landscape contractor  landscape design  wages 

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Landscape Contractors Fully Engaged in Fighting Overtime Rule

Posted By MNLA eNews, Wednesday, May 4, 2016
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Help Stop the Detrimental Proposed Changes by the Department of Labor that Could Change the Exempt Status of Overtime Pay to $50,440

Posted By MNLA eNews, Monday, August 31, 2015

The US Department of Labor (DOL) has proposed potentially devastating changes to the white collar exemptions to federal overtime pay requirements. Currently, a person must satisfy three criteria to qualify as “exempt”: first, they must make a salary; second, that salary must be more than $455/week ($23,660 annually); and third, their “primary duties” must be consistent with managerial, professional or administrative positions as defined by DOL. In the proposal, DOL is considering raising the minimum salary threshold to $970 per week ($50,440 annually); an increase of over 100%. The DOL intends to make them effective in 60 days which is far too little time for research and comment by the companies that will be impacted.
That is why the National Association of Landscape Professionals (NALP) is demanding that the administration take a more measured approach. We are in the process of collecting data about how this will impact our industry. While NALP’s government relations team is providing comments from the industry as a whole; they need to hear directly from the businesses that will be affected. Please use the links provided below to email DOL and your members of Congress and tell them that the public needs an additional 60 days to comment.
Write Your Legislator

Ask the Department of Labor to Extend the Deadline for Comments

Included below is sample language that you can cut and paste and put in the comments box of the Department of Labor website.

I am writing to urge you to extend the comment deadline on the Department of Labor's proposed rule on exemptions to overtime pay requirements under the FLSA by 60 days. This additional time is needed to provide accurate, comprehensive comments on the proposal's potential impact.
DOL is considering increasing the minimum salary threshold from current levels of $455/week to $970, an increase of over 100%, which will result in massive increases in costs and decreases in employees' flexibility. DOL is also considering indexing the salary threshold to either inflation or the 40th percentile of salaried workers' weekly earnings in order to avoid the need for future updates. Both of these changes will have serious economic consequences, and analysis will be time consuming.
The Department has also included several questions regarding the current primary duties test used to determine whether an employee's primary responsibilities exempt them from overtime. Additional time is clearly needed to analyze and answer these questions in an informed manner. I urge you issue a 60-day extension. We need additional time to accurately assess the rule and its implications.

Tags:  hardscape contractor  landscape contractor  landscape design  National Association of Landscape Professionals  wages 

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Prevailing Wage Survey from DOLI

Posted By Tim Power, MNLA Government Affairs Director, Friday, April 18, 2014
MNLA Contractor Members –

Many of you may have received a mailing from Minnesota’s Department of Labor and Industry (DOLI), regarding their prevailing wage survey for Commercial, Highway/Heavy, and Residential construction projects. MNLA member participation in this survey is voluntary, but your participation and your numbers will help to keep your county’s prevailing wage rates closer to your reality. MNLA encourages your participation if you have done construction projects in these categories. I have highlighted DOLI’s e-mailed instructions below on how to proceed if you cannot locate your mailed survey request. Thanks for your consideration, and have a great spring!

Tim Power
Government Affairs Director
Minnesota Nursery & Landscape Association


This is a reminder that Minnesota Department of Labor & Industry’s wage survey to determine the state’s prevailing wages is currently underway. 

The Minnesota Department of Labor and Industry is currently surveying wage rates paid on Commercial, Highway/Heavy, and Residential construction projects in all 87 counties to determine prevailing wage rates.Your participation in the survey is voluntary. 


If you are interested in your wage rates prevailing on the state prevailing wage certification, please submit wage surveys for public and/or private construction work performed between April 7, 2013 and June 5, 2014.   We encourage surveys to be submitted online.  You will need a “pin” and a “key” for online submittals. This information can be found on the address label of the survey form mailed to you. Please contact our office if you are unable to locate your pin & key and we will assist you. If you are unable to submit surveys online, please return the completed survey form via US mail.  Surveys will be accepted through June 5, 2014.

Respond to the survey electronically or download survey forms at :

To be included in this survey, all reports or projects must be returned within 60 days, by close of business June 5, 2014Failure to submit a report means that you do not participate in establishing the prevailing wage rate in your area.

Should you need assistance with the form, please contact DOLI at 651-284-5091.  Our mailing address is 443 Lafayette Rd, #400, St. Paul, MN 55155.

Tags:  contractors  wages 

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