MONDAY MORNING MESSENGER
October 7, 2019
In Brief
In this issue of the Monday Morning Messenger , read our Top Story , to read up on the long-anticipated Railroad Commission of Texas new rules, well, formally proposed rules.

Secondly, check out the schedule for the upcoming 4th Quarter Texas Propane Gas Association Board & Committee Meetings that will be held in conjunction with the Propane Council of Texas' Propane Emergencies Training.

Speaking of Propane Emergencies Training, get a more in-depth look at the upcoming training with a more detailed schedule in our third story of the morning.

It's been 15 years since the U.S. Department of Labor (DOL) has officially adopted changes to overtime rules in regards to exemptions (that has actually gone into effect). Well now, they have, read below to find out who's exempt and who's not from overtime pay.
MEMBERS ONLY
WEEKLY NEWSLETTER
In this issue
  • In Brief
  • Top Story:
Proposed Rules
  • Meetings
  • Training
  • Employment Regulation
CALENDAR

October 2-20, 2019
No RRC exams in Austin

October 10, 2019

October 14, 2019

October 14, 2019
Top Story
LP Gas Safety Rule Update
Greenlighted & Proposed by Commission
At its Commissioner's conference on October 1, 2019, the Railroad Commission of Texas approved publishing proposed changes to the LP Gas Safety Rules in the October 18, 2019 Texas Register .

The proposed rules
  • Remove repetitiveness
  • Add many clarifications
  • Propose the adoption of NFPA 58 2017 edition
  • Propose the adoption of the NFPA 54 2018 edition
  • Remove licensing requirement for container manufacturer and replaces it with a registration requirement

( Corrected link below)
CLICK HERE to read an advanced copy of the proposed rules
CLICK HERE to read penalty amounts & proposed Texas exceptions

A more thorough analysis will be released in the upcoming weeks
Meetings
TPGA 4th Quarter Board & Committee Meetings
College Station, TX

4th TPGA Quarter Board & Committee Meeting will be held in conjunction with the Propane Council Of Texas' Propane Incident Management Training also known as Propane Emergencies in College Station, TX.


Schedule
Tuesday, October 29, 2019
All below meetings will take place at Calvary Court, College Station, TX
10:00a-12:00p Board training/orientation
12:00p-1:30p Lunch on your own
1:30p-2:30p Convention/Meeting Planning Committee
2:45p-4:30p Finance Committee
4:45p-6:00p Executive Committee
7:00p Dinner TBD

Wednesday, October 30, 2019
Calvary Court, College Station, TX
9:00a 12:00p TPGA Board of Directors Meeting

Board meeting is open to all TPGA members
See next story for more information on Propane Emergencies Training
Training
Propane Incident Management/
Propane Emergencies Training
Propane industry, TPGA Committee & Board members are invited to come to part of or all of the Propane Council of Texas' upcoming Propane Incident Management Training in College Station, TX.

Pre-registration is required for meal planning purposes and adequate classroom size. Fees apply to attend training and training related events.

Monday, October 28, 2019
8:00a - 11:30a Propane Emergencies classroom training at fire field
11:30a Lunch at fire field
1:00p - 5:00p Live fire field exercises (Props 65 & 66 at fire field)
6:00p Propane Emergencies Cocktail Reception
at the Texas A & M Hotel & Conference Center 
7:00p Propane Emergencies Dinner at at the
Texas A & M Hotel & Conference Center 

Tuesday, October 29, 2019
8:00a - 11:30a Propane Emergencies classroom training at fire field
11:30a Lunch at fire field
1:00p - 5:00p Live fire field exercises (Props 65 & 66 at fire field)

REGISTRATION
$50 per person includes one or two days of training whatever your schedule allows. It includes classroom training, live fire training observation , 2 breakfasts, 2 lunches and the Monday reception and dinner.

Can't make the training? Dinner only $25 per person includes Monday reception and dinner at Texas A & M Hotel & Conference Center on campus in College Station. Menu crafted by Stampede 66 chef, Stephen Pyles. Kick back with views of Kyle Field. Valet only $8.

If you also serve as a volunteer fire department in your community in addition to being in the propane industry, you can bunker up and participate in live fires for $125 per person .
Need a room for Sunday night or Monday night? ProCOT has some.
Employment Regulation
DOL Raises Minimum Pay on Exempt
Employees To $35,568 
by Bill Cook, Human Resources Associates

On September 24, 2019 the U.S. Department of Labor announced the final rule on what it takes to be an Exempt (salaried) employee. Beyond the duties test, which wasn’t changed, the salary of the exempt employee is the most basic requirement to qualify as Exempt (from overtime) under the Fair Labor Standards Act (FLSA).

Since 2004 the FSLA has required a guaranteed minimum of $455 per week ($23,660 annually) for an employee to be Exempt. Beginning on January 1, 2020 the new minimum salary for an Exempt employee will increase to $684 per week ($35, 568 annually). In addition, the minimum salary exemption for highly compensated employees which has been $100, 000, will be increased to $107, 432. To reach the minimum salary level, employers may include Non-discretionary bonuses, incentive payments and commissions that are paid at least annually, to satisfy up to 10% of that minimum.

The DOL estimates that 1.3 million employees will now be eligible for overtime. They recommend that employers take a closer look at the employees currently classified as Exempt to assure that they are properly classified. The options many employers now have is to raise salary levels to $35,568 or begin paying overtime or to ensure employees do not work more than 40 hours per week.

Aside from the obvious compensation and payroll tax implications, the impact of this may be significant for employers who include overtime compensation in the calculation for their retirement plan contributions. It could also bring about complications if the exclusion of overtime pay causes the plan to become discriminatory in favor of highly compensated employees.    

If you are planning to review the FLSA status of your employees, these DOL rules may be useful. All Exempt employees must be classified under one of the following "white collar" areas, CLICK HERE .

!WHO IS NOT EXEMPT FROM OVERTIME?!

The exemptions provided by FLSA Section 13(a)(1) apply only to “white collar” employees who meet the salary and duties tests set forth in the regulations. The exemptions do not apply to manual laborers or other workers who perform work involving repetitive operations with their hands, physical skill and energy. FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be.

Reprinted with permission.
NPGA members can call Human Resources Associates (HR University) for complimentary consultation and questions on the overtime rules and other employment questions.