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The Newsletter of RESPECT of Florida
March 2016


RESPECT of Florida is the central non-profit agency for the State of Florida that helps employ approximately 1,300 Floridians with disabilities through the production of merchandise and contractual services that are sold to government entities. If you would like to learn more about us or browse our catalog, visit us at: respectofflorida.org
 


A Message from Executive Director Ryland Musick

RESPECT of Florida is a unique purchasing program with an important mission: to provide employment opportunities for Floridians with disabilities. Government agencies can simplify the purchasing process by buying directly through our procurement list instead of spending valuable time creating formal solicitations. These orders translate into  long-term, stable jobs. Individuals with disabilities are preparing your first aid kits, providing janitorial services in state buildings, and much more. Studies show that by employing people with disabilities through programs like RESPECT, a savings about $2,400 to $4,700 is created because those individuals pay taxes and require less government assistance. Purchasing through RESPECT is something you can truly feel good about; you are changing lives, one purchase at a time.
 


Connect with RESPECT
 
RESPECT launched its new Facebook page in mid-February to bring you even more exciting news and information. Please "like" our page to get updates in your newsfeed.
 
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Meetings, Trainings, and Tradeshows

March 18 - NIGP Tradeshow, Orlando
March 23 - RESPECT Oversight Committee Meeting. Orlando, Florida
April 8 - SportsAbility, Tallahassee
April 12 - NIGP Tradeshow, Tallahassee


Commodity of the Month

Summer is around the corner and it is time to purchase your beach flags for this swim season. RESPECT's beach flags are 750 mm x 1,000 mm and made with 200-denier nylon with a white polyester header. The flag fabric is an acid dye resistant to rust, run, and water. All flags are hand-sewn and 100% made in America including the material, dye, and thread.

To view our beach flags, click here.



 
Cabinet Declares March, Developmental Disabilities Awareness Month
 
On March 2, RESPECT staff attended a Cabinet meeting in which Attorney General Pam Bondi presented a resolution declaring March, Developmental Disabilities Awareness month. Agency for Persons with Disabilities (APD) Director Barbara Palmer spoke about the importance of Governor Rick Scott's support of people with developmental disabilities, especially in receiving much needed services and supports. She also noted that many people with disabilities are eager to be included in the workforce, and prove to be valuable employees.

Palmer introduced APD customer David Poepping who spoke about his two jobs, his job coach Willie Miller, and the benefits that come from earning a paycheck. He proudly told the Cabinet that he rides his bike and uses public transportation, and is never late to work. He was grateful to the Cabinet members for declaring March, Developmental Disabilities Awareness month.
 

L to R: Willie Miller, Attorney General Pam Bondi, David Poepping
L to R: David Poepping, Governor Rick Scott, Willie Miller
David Poepping addresses the Cabinet.
Disability partners display the resolution presented by the Cabinet.
Goodwill Celebrates 50 Years
 
RESPECT Executive Director Ryland Musick and staff members John McBride, Harry Friends, and Lindsey Boyington attended the 2016 Annual Meeting & Awards for Goodwill Industries - Big Bend (GIBB). 2015 marked the 50th anniversary of the organization's founding.

Members of GIBB management spoke about rebranding efforts, new store locations, and the resulting increase in sales. They also recognized many individual employees for their achievements, as well as store locations that contributed to last year's success.

RESPECT partners with GIBB in the production of a variety of promotional commodities and several janitorial and lawn maintenance service contracts.

Goodwill Industries - Big Bend 2016 Annual Meeting & Awards.
Attendees enjoy the 2016 Annual Meeting & Awards.
 
Department of Labor (DOL) Overtime Rule
 
Bruntlett_Framed
Florida ARF Operations Director John Bruntlett
In our August 2015 article, I discussed DOL's proposed overtime rule which would significantly increase the minimum salary to be eligible to be classified salary exempt (exempt from overtime). The proposed rule was in the public comment phase until September 4. It was anticipated that DOL would complete its review of comments, make some changes and forward the final rule to the Office of Management and Budget (OMB) by the end of 2015. OMB was to review the document and when complete, publish the final rule in the Federal Register. Finally, once published, the rule would take effect after 60 days.

DOL received over 250,000 comments from the public and finally completed its work on March 14, 2016. It is now time for OMB to make its review which normally takes anywhere from a few weeks to several months to complete. However, it is anticipated that the OMB will rush it through very quickly to have it published and in effect before the November 2016 elections. 

The Administration apparently believes that those soon-to-be hourly, non-exempt employees are going to be allowed to continue to work in excess of 40 hours per week and receive time and a half overtime pay. Employers will have to determine how to address the increased costs. Just as most employers will not let hourly employees work over 40 hours without specific permission now, they will likely continue to do so under the new rules.

Also, keep in mind that salary levels for exempt employees are often set to account for working overtime. When this new rule comes out employers are not likely to convert salary levels directly to an hourly rate; the hourly rate is likely to be lower so that when employees do have to work overtime and get the extra pay, they will not go over their previous salary level by year end.

Regarding those 250,000 public comments; no one knows what the comments were, but there is much speculation that many of them addressed the new minimum salary proposal of $50,440 per year. With many feeling like $50,440 per year was too high, a lower figure of between $30,000 and $40,000 is rumored to be in the works.

The duties test also has to be applied to determine exempt status. There were no changes in the proposed rule, but simply a list of questions. There has been no speculation as to what changes DOL made, but there is general consensus the test will be much more stringent. The final rule went straight to OMB without the public having time to make comment on any new requirements when the process of making rules requires a public comment period.
 
There is another reason the Administration wants to rush implementation of the final rule, and that is the Congressional Review Act. This Act allows for a joint resolution from both houses of Congress and the new President's signature that can undo laws and rules passed during the final six months of the previous administration. Should a Republican win the White House, and the party keep both houses, there is speculation they would take advantage of the Act and undo this rule.

As Yogi Berra used to say, "It ain't over till it's over." On March 17, the House and Senate proposed legislation to stop the rule. It is called the "Protecting Workplace Advancement and Opportunity Act." The proposed bill would:
  • Nullify the proposed rule.
  • Require DOL to first conduct a comprehensive economic analysis on the impact of mandatory overtime expansion to small businesses, nonprofit organizations and public employers.
  • Prohibit automatic increases in the salary threshold.
  • Require that any future changes to the duties test must be subject to notice and comment.

This will be a legislative battle but there are also Democrats in Congress who are concerned about the economic impact this rule will have. Time will tell.
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