NNONTANA NtrWS

By R.V. PETERSEN executive secretary

A npceNr DECISToN by the flMontana Supreme Court may have dramatic impact in its application to the payment, and employment, of some categories of employees.

One provision of the Fair Labor Standards Act exempts certain employees, such as mechanics, partsmen and salesmen, from the overtime requirements of the federal law. The Montana Supreme Court had decided that this exemption from federal law places these occupations within the purview of Montana's Minimum Wage and Hours Act. By this interpretation every employee in these job classifications is entitled to overtime pay (one and one-half times the regular hourly rate of pay) for hours worked over 40 hours per week in any work week. The regular hourly rate of pay includes salary, bonuses, commissions and other forms of remuneration paid each week to the employee. available this year than last year in spite of reported fiberglass plant expansions. They told of home building delays, layoffs of construction workers and of many remodeling and do-it-yourself custome$ asking for insulation, but having to be turned away from retail lumber yards.

Necessity for compliance raises the possibility of employer review of employment practices and compensation policies. The employer may consider putting such employees on a definite 40-hour schedule, or drop the use of commissions and instead pay on a straight hourly basis (plus overtime as required). Declaring sales personnel as outside salesmen to exempt them from overtime provisions of federal wage regulations simply puts them under the overtime coverage of state law.

We are pleased to welcome new member Carl Steinberg, The Lumber Yard, Columbus, Mt. (the former Nystul Lumber Co.); and joining the ranks of associate members is Paul Brooker Sales International.

Long-time member Edwards Lumber Co., White Sulphur Springs, has been sold to Dick Witt; Jerry Edwards has opted for the retirement course.

By CHUCK LINK executive director

A Nf of our small Washington \/ dealers was inspected by an inspector from Washington Industrial Safety & Health Administration (WISiIA) on May lO, 1977. He was found in violation of the following:

(l) Storage over restroom without guard rail and toe board.

(2) Load limits not posted on overhead storage areas.

(3) No one in organization with First Aid training.

(4) Drive belt on table saw not enclosed.

(5) Radial arm saw - no guard.

(6) Radial arm saw - no return.

(7) Radial arm saw - improperly wired.

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EnUancc. ComerGrovc & Llrkln In Clvlc Conlor

FRIDAY, MARCH 17 (Employees' Night) 5:00 p.m. - 10:00 p.m.

SATURDAY, MARCH 18

12:00 noon -6:00 p.m.

SUNDAY, MARCH 19 10:00a.m. -6:00 p.m.

Adml$lon... Free!

(8) No written accident prevention program.

He was given an abatement period for each item and fined $38.

Saw guards were ordered and correction was started on the items in violation, but he got busy and somehow they didn't get completed for one reason or another.

On September 30, 1977 he was inspected again and found in violation on all the previous iIems. This time he was fined a total penalty of $16,900.

Of course, it's being appealed, but don't put off complying with OSHA or WISHA requirements. They mean ouslness.

At a recent hearing by the Senate government affairs committee subcommittee, dealers and home builders testified that there is less insulation

Tou are

The following three causes for the current insulation scarcities were expressed by manufacturers who testified at the hearing:

(1) Increased Retrofitting of Existing Homes, 1977 reported to be four times the same period 1976 ; third-quarter reinsulation volume was double 1976. OCF reported 4.7 million homes were reinsulated in first 9 months compared to 1.6 million in 1976.

(2) The higher level of new residential construction. 7O7o more units than 1975 (800,000 more units) and 25% ahead of 1976 (400,000 more units).

(3) Quantity of insulation being used has increased with attic reinsulation thickness up by one-third since 1974;new homes are using 20% more insulation than in 1974.