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www.fueloilnews.com | FUEL OIL NEWS | JANUARY 2017 3 DATELINE BREAKING NEWS OVERTIME RULE ON HOLD U.S. District Court Judge Amos Mazzant granted an emergency motion for prelimi- nary injunction, enjoining the Department of Labor from implementing and enforc- ing its rule on overtime, the DOL said in a news release. The rule had been scheduled to go into effect on Dec. 1. "The Department strongly disagrees with the decision by the court, which has the effect of delaying a fair day's pay for a long day's work for millions of hard- working Americans," the DOL said in its statement responding to the Nov. 22 grant- ing of the motion. "The Department's Overtime Final Rule is the result of a com- prehensive, inclusive rule-making process, and we remain confident in the legality of all aspects of the rule. We are currently considering all of our legal options." The case was heard in the United States District Court, Eastern District of Texas, Sherman Division (State of Nevada ET AL v. United States Department of Labor ET AL No: 4:16-CV-00731). Here is more from the DOL statement: "The rule updated the standard sal- ary level and provided a method to keep the salary level current to better effectuate Congress's intent to exempt bona fide white collar workers from overtime protections. "Since 1940, the Department's regula- tions have generally required each of three tests to be met for the FLSA's executive, administrative, and professional (EAP) exemption to apply: (1) the employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed ('salary basis test'); (2) the amount of salary paid must meet a minimum specified amount ('sal- ary level test'); and (3) the employee's job duties must primarily involve executive, administrative, or professional duties as defined by the regulations ('duties test'). The Department has always recognized that the salary level test works in tandem with the duties tests to identify bona fide EAP employees. The Department has updated the salary level requirements seven times since 1938. "In 2014, President Obama directed the Secretary of Labor to update the over- time regulations to reflect the original intent of the Fair Labor Standards Act, and to simplify and modernize the rules so they're easier for workers and businesses to understand and apply. The department has issued a final rule that will put more money in the pockets of middle class workers – or give them more free time." The final rule would, according to the DOL: Raise the salary threshold indicating eli- gibility from $455/week to $913 ($47,476 per year), ensuring protections to 4.2 mil- lion workers. Automatically update the salary thresh- old every three years, based on wage growth over time, increasing predictability. Strengthen overtime protections for sala- ried workers already entitled to overtime. Provide greater clarity for workers and employers. EPA: HYDRAULIC FRACTURING CAN IMPACT DRINKING WATER Hydraulic fracturing activities can impact drinking water resources under some cir- cumstances, according to a new report by the EPA. The report identifies factors that influence the impacts. The report provides states and others the scientific foundation to better pro- tect drinking water resources in areas where hydraulic fracturing is occurring or being considered, the agency said in a Dec. 13 statement. Done at the request of Congress, the report identifies conditions under which impacts from hydraulic frac- turing activities can be more frequent or severe. It also identifies uncertainties and data gaps. These uncertainties and data gaps limited EPA's ability to fully assess impacts to drinking water resources both locally and nationally, the agency said. Final conclusions are based upon review of over 1,200 cited scientific sources; feed- back from an independent peer review conducted by EPA's Science Advisory Board; input from engaged stakeholders; and new research conducted as part of the study. FEATURED NEWS DATELINE • Overtime Rule on Hold • EPA: Hydraulic Fracturing Can Impact Drinking Water • General Filters Gives to Families in Need at Thanksgiving • Updated: Contact information for Advanced Fuel Solutions and Sprague Operating Resources FUELS/EIA – pg 9 • EIA Says Its Forecast Reflects OPEC Agreement • OPEC to Cut Production • Short-Term Energy Outlook • EPA Finalizes Increase in Renewable Fuel Volumes • EIA Monthly Biodiesel Production Report BUSINESS OPERATIONS – pg 20 • Guttman Energy Taps OpenLink for Risk Management Software • Christopher Drew Appointed Chairman of AHRI • Tremcar Attends NTTC Show in New Orleans • Randy Fisher Retires from U.S. Boiler; Chris Mitchell Promoted to Director of Sales—Mid-Atlantic & Western Region • Joe Lanthier Joins Firedragon Academy as Adjunct Instructor • PPMA Hires Ted Harris as Director of Marketing • Stephen Connors, Co-Founder of AltWheels: 1958-2016 • Product: TRP Introduces Lubricants Line for All Makes of Trucks • NFL Greats Terry Bradshaw, Howie Long to Give Keynote at Work Truck Show HVAC/HYDRONICS – pg 36 • New App Uses Interactive Video to Connect Businesses with Customers • R.W. Beckett Signs on as First Sponsor of 2017 Eastern Energy Expo