The U.S. Department of Labor has revised the overtime exemption regulations under the Federal Fair Labor Standards Act (FLSA). Effective July 1, 2024, fewer employees qualify for overtime exemptions, which may increase labor costs.

Overview of Overtime

Employees may be paid overtime regardless of whether they are paid on an hourly or salary basis. An employee is not entitled to overtime when they fall within an FLSA exemption. Regular overtime pay is 1.5 times the normal pay rate and kicks in after 40 hours of work have been performed that week. Whether the employee qualifies as exempt hinges on both the nature of the job duties and the amount of compensation.

Nature of Job Duties

The recent revision to the FLSA does not directly change the standing exemptions. Individuals who are not exempt include those who perform manual labor such as construction work, manufacturing, or driving vehicles. If an employee is a manager or office worker, they may fall within the exemptions. The three main overtime exemptions are managerial, administrative, and professional.

(a)    Managerial Exemption: Employees primarily overseeing company departments or subdivisions, managing at least two full-time employees, and earning above the standard salary level (SSL).

(b)    Administrative Exemption: Employees primarily engage in nonmanual work related to business operations, exercising discretion and independent judgment, and earning above the SSL.

(c)    Professional Exemption: Employees performing work necessitating advanced knowledge or creativity in a recognized field and earning above the SSL.

Please keep in mind that team leaders, foremen, crew leads, and other workers who work on job sites or in the field do NOT qualify for any salary exemption.

AMENDMENT: Adjusted Minimum Compensation Threshold

Employees who earn below the standard salary level (SSL) are not eligible for overtime exemption, regardless of the duties their job entails. On July 1, 2024, the SSL increased from $684 per week to $844 per week. So, if an employee makes less than $844 per week, or $43,888 annually for a year-round worker, then the employee may not be exempt from overtime, even if they would otherwise have qualified under an exemption. The weekly salary will rise again, on January 1, 2025, to $1,128 per week or $58,656 per year. Every three years, beginning January 1, 2025, these standard salary level thresholds will adjust to align with changes in worker salaries to facilitate a smoother adaptation for employees.

Revised Highly Compensated Employee (HCE) Threshold

If an employee is highly compensated, then the FLSA allows some employers to avoid paying overtime. Employees who fit within the Highly Compensated Employees (HCE) exemption are those who earn more than the HCE exemption level, do not perform manual labor duties, and regularly perform either executive, administrative, and/or professional duties. The revision that took place on July 1, 2024, increased the HCE exemption from $107,432 annum to $132,964 an annum. This will increase again on January 1, 2025, to $151,164.

Potential Legal Challenges

While the U.S. Department of Labor has approved this rule, legal challenges could impede its implementation. Stay updated on any developments regarding legal challenges and their potential impact on the enforcement of the rules. Overtime Pay | U.S. Department of Labor (dol.gov)

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The power of team meetings

JLS Landscape & Sprinkler celebrates multiple generations of leadership as it approaches 50th anniversary

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U.S Department of Labor Announces Updated Overtime Rule

JLS Landscape & Sprinkler celebrates multiple generations of leadership as it approaches 50th anniversary

Over the years, the “JLS” in JLS Landscape & Sprinkler has represented different stages for the company.

In 1975, when John Reffel Jr. and his son, John Reffel III, decided to start their own residential lawn sprinkler company after working together at Keesen Lawn Sprinkler, it was named John’s Lawn Sprinkler.

JLS became an acronym for John’s Lawn Sprinkler as the business expanded and John IV and Jeremy joined the team. In 2001, John III’s wife, Linda, took over the company’s administrative and bookkeeping responsibilities. Family members joked that JLS stood for John, Linda and Sons.

Now, as John III and Linda step down and pass the business to John IV and his younger brother, Jeremy, John IV’s teenage daughter Sabrina is pondering whether the “S” in JLS could stand for Sabrina.

But as much as the JLS name evolves, one thing is certain: As it approaches its 50th anniversary, this family-owned company still prides itself on communication, honesty, integrity, giving back to its employees and the community, and, as Linda puts it, “setting good goals.”

The JLS evolution 

For its first quarter century of existence, JLS specialized in residential irrigation installation, repair and snow services. In 1999, the company made several changes by focusing on commercial clients and phased out its residential clients over an 18-month period so it could provide focused and higher quality services to commercial clients. Today, JLS provides landscape and snow-management services to office, retail and industrial clients.

“There can be more consistency with commercial clients,” John IV says, noting that compared to residential clients, commercial property managers may better understand how prices are determined. “Services and readiness come with a cost, and professionalism and years of experience are factored in.”

JLS has long prided itself on its certifications and involvement in professional organizations. John III helped write the first training manuals for ALCC’s Certified Landscape Technician (CLT), currently known as the Landscape Industry Certified Technician (LICT), test. At the time, John IV was the youngest person to become a triple CLT: maintenance, installation and irrigation. Jeremy is also LICT certified. Both sons speak Spanish, and John IV was involved with creating the LICT Spanish standards.

John III is a LEED (Leadership in Energy & Environmental Design) Accredited Professional, John IV is a LEED Green Associate, and Jeremy is a licensed pesticide applicator. A growing number of JLS’ clients ask for ecologically friendly services like xeriscaping, green roofs, minimal pesticide use, composting and recycling of all jobsite waste, and irrigation system water conservation. JLS prides itself on keeping up with and supporting sustainable practices.

“One of our main goals was to be able to keep our employees through the winter and have a year-round workforce,” John IV says. While JLS utilizes guest worker programs, replacing seasonal workers with full-time employees helps ensure the consistency and family feeling that’s important to the Reffels.

Today, JLS’ business is 60 percent “white side,” or winter-based, and 40 percent “green side,” or landscape based. The majority of its work year-round.

The family tradition

Just as John III started out in lawn sprinklers working with his father, John IV and Jeremy joined the family business at young ages. “When we were kids, maybe 10 or 12, we would come down to the shop, and my dad would pay us to sweep out trailers and clean trucks,” John IV remembers. “Dad encouraged us to get our CLT certifications early on.”

But as the boss’ sons, the lawn was not necessarily greener. “I started running installation maintenance crews at age 17 or 18, and it was very intimidating to manage guys much older than me,” John IV recalls. “I had to stay confident in myself and my abilities, but also ask for other people’s thoughts and ideas. Our parents instilled in us at an early age the value of family, honesty and hard work.”

When the company’s transition between the generations is official this summer, John IV will serve as CEO and Jeremy will be COO. Linda will stay on for a while to oversee financial management, human resources and legal duties. In preparation for the transition, JLS hired an office manager, Erin Duran.

And John III? “We’re trying to get him to step away, but I imagine The Third is going to want to pop in and drink his coffee and check in some mornings,” John IV says. “He will always be available for advice if needed.”

The JLS future

Like her father, John IV, Sabrina Reffel is showing interest in learning the family business at a young age. “About three years ago, when she was 14, she saw me using my person al compressor to blow out our home irrigation system,” John IV says. “She asked if she could borrow my compressor and wheelbarrow and started knocking on neighbors’ doors, asking to do their sprinkler blowouts.”

Whether or not JLS will soon stand for John, Little brother Jeremy and Sabrina, the current management team has plenty of plans for the future.

The Sedalia-based company services customers from Firestone to Monument and Evergreen to Denver International Airport. Eventually, John IV says they’d like JLS to expand to the Western Slope.

The company is also embracing technology. JLS debuted two robotic mowers in May and is looking at autonomous sidewalk snowplows and de-icing machines.

“There are opportunities out there for everybody,” John IV says. “Hopefully, we can double or triple size in next 10 to 20 years."

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The power of team meetings

U.S Department of Labor Announces Updated Overtime Rule

Since the Colorado Water Plan (Water Plan) launched in January 2023, the Colorado Water Conservation Board (CWCB) has worked diligently to advance and implement the plan’s 50 Agency Actions. This effort has led to significant progress in the transformative landscape change space outlined in the Water Plan and in Agency Action 1.7. Advancements include key strategies that speak to the CWCB’s commitment to this work, including managing the state’s first Turf Replacement Program, leading a first-of-its-kind Urban Landscape Conservation Task Force and granting over $1 million for continued landscape transformation efforts.

Immediately following the release of the Water Plan, the CWCB launched the Turf Replacement Program, which helped 50 eligible entities across Colorado advance trans formative landscape change in their communities. Awarded entities could either create turf replacement incentive programs or identify specific water-intensive areas to convert to drought-resistant and water-wise landscapes.

The CWCB also led a year-long Urban Landscape Conservation Task Force, which released a final report in January 2024. The report, synthesizing insight from industry leaders across the state, incorporates recommendations from the 21 task force members to advance landscape transformation beyond turf removal efforts to address additional research needs and complementary initiatives. These include supporting prohibitions on nonfunctional turf installations, continuing education and outreach around the benefits of xeriscape, and partnering with the landscape industry to promote water-wise landscapes.

In September 2023, the CWCB Board awarded Resource Central a $1.5 million Water Plan Grant, the largest ever awarded in the water conservation category. The grant will help accelerate transformative landscape change across the state through turf removal and replacement. Resource Central is also working with the CWCB to launch a Trans formative Landscape Change (TLC) Challenge to increase local examples of water-wise landscapes. Resource Central will work directly with up to 15 local communities to replace maintained high-water-use turf in highly visible areas with functional irrigation systems and Garden in a Box kits filled with drought- tolerant perennials. The application window closed on June 1.

While much has been accomplished relatively quickly in the transformative landscape change space, CWCB is still hard at work.

Forthcoming initiatives range from working with partners to develop a do-it-yourself guide for home turf replacement to managing another round of funding for the Turf Re placement Program. To stay updated on these initiatives and learn about new efforts (once available), please visit engagecwcb.org.

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Hot and dry conditions the summer could push the state to drought status

Colorado water communities unite to create new water ethic

As the headwaters state of the West, Colorado’s identity is deeply tied to its landscape and especially to its water. Its snowy peaks serve as the beginning of a water supply sustaining life for over 40 million people across seven states. The winter snowpack tests skiers’ skills, and spring’s rushing rapids thrill boats full of excited rafters. In summer, meandering streams hide trout in the shadows, and numerous lakes and reservoirs draw campers, hikers, bikers and boaters.

In our cities, water is the lifeblood of schools, restaurants, parks, homes, hotels, industry and, importantly, our public and private landscapes. On the eastern plains, Colorado’s farms raise crops, cattle and other animals of nationally significant value, sustaining rural economies and communities while providing local food to the West.

Colorado’s water offers beauty, recreation, economy, solace, food and life. These vast benefits draw people to visit, relocate here and start new businesses. As a result, we are blessed with a bustling economy, abundant recreational opportunities and a high quality of life. And as an increasing population demands more water, a changing climate is stressing the supplies that we and all other Western states rely on. How do we address this quandary?

A rich water history 

The water industry in Colorado is robust and laser-focused on wise management. For educational institutions, entrepreneurs, scientists, landscape companies and all of those who use water, it is an exciting time as new options move the market by offering more choices and opportunities. Federal, state and local entities, often partnering with nonprofits, invest significantly in new supplies while concurrently protecting and ensuring maximum efficiency of those that already exist. 

Advancing water security

For decades, Colorado’s landscape industry, water providers, universities and policy makers have been collaborating on how to do more with less. We are leaders in creative new ideas and economies to help ensure sustainable use for those who are here now and those who will be in the future. Examples include delivering new plants, trees, turfgrasses, landscape designs, and irrigation products and practices that minimize water use and precisely deliver and monitor it.

Creating the future

A few of our many successes include the Plant Select program, Rachio controllers, DogTuff Grass, new social constructs such as xeriscape in the 1980s and Coloradoscape today. Innovations such as urban native grass transitions, water budgeting, turf-free front yards, and integrating water efficiency into land use planning are ongoing.

Communicating conservation

People relocating to Colorado are often from areas with different climatic conditions and water supply portfolios. As the top of the Western watershed, we have a responsibility to manage our variable water supplies and to help our users be successful in their water demands.

To accomplish this, municipalities coordinate with the Colorado Water Conservation Board to measure water use and pursue ways to manage it across their customers through Water Use Efficiency Plans. To better understand use, metering companies have i proved measuring and communication tools across commercial and residential users. New water-delivery technologies offer fine-grained insight and oversight, giving the ability to de fine and fix leaks, and determine and deliver optimal water use. Examples include controllers, flow sensors, master meters, weather networks, home devices and software portals al lowing water providers, users and contractors to reduce waste and plan for the right amount of water use and investment.

Mailers from local water providers provide water-use metrics and comparisons to nearby efficient users, and other bill mailers share available resources such as rebates, irrigation audits, free retrofits and garden discounts. These examples are common measures used in Colorado, especially along the Front Range. EPA’s WaterSense programs commonly bolster this messaging for water users across the country, making participation easy through manufacturers, retailers and industry organizations.

Outreach, education and training

A bright spot in Colorado’s water efficiency evolution is the collaboration across industries. In the commercial segment, certifications are a path to enhance water efficiency capabilities, and many water providers partner with different organizations to help new and experienced practitioners learn new skills. Hosting classes from the Irrigation Association is a popular way to facilitate maximum irrigation efficiency, while others offer the Qualified Water Efficiency Landscaper program. ALCC’s Sustainable Landscape Water Management is a successful format to deliver holistic plant, soil and water health relationships.

For residential and HOA audiences, many water providers offer continuous outreach to engage users in their home and landscape water use. This occurs through classes, tours of conservation gardens, online webinars, hosting booths at public events, and small group consultations.

What does the future hold?

To face this challenging future, Colorado’s water community is actively creating a new water ethic. This vision will require everyone— landscape contractors, water providers, product manufacturers, landscape architects, plant propagators, non-government and government entities, and an engaged and informed user base—to get involved.

Together, we can create this new landscape language that keeps Colorado the amazing place we all love.

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Hot and dry conditions the summer could push the state to drought status

Colorado Water Plan initiatives are making water-wise landscapes a reality

It took until June, but Colorado’s very average snowpack has officially melted away from all 115 federal snow monitoring stations in the state. According to a Water Conditions Monitoring Committee, the reservoir levels are at 94%, just below average, while precipitation was at exactly 100% of the 30-year median.

Heat, however, has been on the rise. Even summer showers may not be enough to combat its effects or to keep the state away from drought.

The entire state is at risk of developing drought this summer. A strong monsoon would be helpful. It would limit the risk of worsening drought, particularly over the Four Corners. For now, it’s looking like that is not as likely, and that it’s going to continue to be a pretty rough summer.

Climate experts track precipitation, temperature, soil moisture, and other factors year-round to gauge water supplies and storage for farmers, city utility managers, reservoir operators and residents around the state.

This year’s outlook has some of those water users looking out for impacts on fish populations, recreation opportunities, irrigation supplies and wildfires.

Without much rain, wildfires will be a pretty serious concern. The period from October 2023 through May ranked in the top 10 warmest time periods across a significant majority of the state when compared with a 129-year historical record.

Areas of southeastern Colorado, like Lamar and La Junta, have already reported 20 or more days over 90 degrees. The Front Range has already had 10-15 days over 90 degrees. Most of the country is also likely to be hotter than usual for the rest of the summer. That’s quite the switch after last year, which started out with cooler-than-average months.

The hotter temperatures are likely to continue for the rest of the summer. Western Colorado and the Four Corners area have a 70%-80% chance of above-average temperatures.

Colorado’s stream and river levels are receding after a normal runoff year, and incoming precipitation will be increasingly helpful for water users in the late summer and early fall. Although the state has seen average precipitation so far, there’s a 40%-50% chance rainfall will tumble below normal levels for July through September.

Some areas, like Fort Collins and Burlington, have seen less-than-average rainfall so far. Even with some rain in the near-term forecast for early July, it will be hard for these areas to end the water year, which closes Sept. 30, at the average level.

The combination of hot and dry weather could make it harder for areas of the state that are already experiencing drought conditions to recover, and it could mean that more areas fall into drought.

About 16% of the state is experiencing drought conditions. That is vastly better than in late 2020 and early 2021, when the entire state was in drought and over 20% was in the most severe drought category. At that level, agricultural and recreational economic losses are large, reservoirs are low, large fires can develop, and mandatory water restrictions are often implemented, according to the U.S. Drought Monitor.

There is a slightly increased risk for drier extremes in the southern part of the state, which really means there would be a low likelihood that any drought that worsens or develops in the summer is not going to see relief through the fall.

In the Upper Rio Grande River Basin, biologists are keeping an eye on the water temperatures and water levels on the Rio Grande and Conejos rivers for Colorado Parks and Wildlife.

Brown trout and rainbow trout flourish when water is about 50 degrees but struggle when it rises above 70 degrees. At that level, their immune systems become stressed, and catch-and-release fishing can lead to higher fish mortality.

If stream levels fall below 50% of the norm, and if temperatures rise above 70 degrees, Biologists may implement voluntary or emergency fishing closures.

Several city water managers said their reservoir storage supplies were looking good during the water conditions meeting. Colorado Springs Utilities reservoirs were at 85% of their capacity, and Denver Water’s reservoirs were 97% full.

The lack of monsoons would heighten concerns over wildfire risk or lead to a shorter rafting season for boaters. Less-than-average rainfall could also leave sections of the river dry as water gets pulled for other uses, like irrigation and municipal supplies.

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Colorado Water Plan initiatives are making water-wise landscapes a reality

Colorado water communities unite to create new water ethic

The 2nd Regular Session of the 74th General Assembly adjourned on May 9th. Hicks & Associates is pleased to present this report on the activities of the legislature in 2024. Session Overview: The 2024 Legislative Session convened on January 10th. Despite over 100 bills being introduced on day one, primarily from interim committees, the session started slowly, with the first committee hearings taking a few weeks to commence. In the initial week, speeches from leadership in both chambers and the Governor’s State of the State address outlined priorities for the session. With Democrats holding the majority in both chambers and the Governor’s office, there was a strong alignment on issues such as workforce development, education, cost of living/housing, water, public safety, and climate change. Read full article here. 

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The Importance of Contacting 811

Keep your culture strong

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A drought-tolerant garden: step by step

Now's the time to plant

Now's the time to plant 'Windwalker' big bluestem for a stunning fall show

Spring/early summer is the best time to plant native grasses for a great summer and fall garden show, and you can’t go wrong with Andropogon gerardii PWIN01S ‘Windwalker’ big bluestem.

While most big bluestem varieties exhibit varying shades of green, ‘Windwalker’ stands out for its distinctive soft blue color, with narrow, arching light blue leaves accented with a subtle maroon tint in the spring. Its graceful foliage not only complements other garden and landscape plants but also evokes the rich texture of tall grass prairies.

Designers will find ‘Windwalker’ particularly appealing for its ability to enhance garden displays. The soft blue foliage serves as a perfect backdrop for big bluestem flower heads, accentuating their texture and harmonizing with the surrounding colors, especially those of light purple flowering plants. 

As autumn approaches, ‘Windwalker’ undergoes a stunning transformation, turning a rich burgundy hue. This fall coloration adds visual interest to the garden without overshadowing other plants—except when backlit by the warm glow of late afternoon sunlight. These moments offer a profound connection to the beauty of the landscape and a sense of belonging in our steppe region.

‘Windwalker’ big bluestem is a must-have addition to any garden, especially if you cherish light purple blooms. Its unique attributes, from the delicate blue foliage to the striking fall coloration, elevate the aesthetic appeal of garden landscapes while celebrating the beauty of native plants. Embracing ‘Windwalker’ is a step toward creating landscapes that resonate with the spirit of our region.

Read more in this issue of Colorado Green Now:

A drought-tolerant garden: step by step

How AI is transforming the landscape industry

Great news! Thanks for all your help in pushing this out to our representatives. 

The H-2B “may” to “shall” amendment just passed by a voice vote in the DHS Appropriations Markup.

We are grateful to Reps. Harris (R-MD), Pingree (D-ME), Moolenaar (R-MI), Cuellar (D-TX), Joyce (R-OH) and Ruppersberger (D-MD) for their leadership in sponsoring the amendment. We thank the congress members who spoke in support of the amendment. Please make sure to thank them if you have a close relationship with their offices.

The amendment states:

SEC. 406. Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon determining that the needs of American businesses cannot be satisfied during fiscal year 2025 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor x , shall increase the total number of visas available to qualifying aliens under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.

Congressman Harris introduced the amendment and the following folks spoke in support of the amendment:

Amodei

Underwood

Kaptur

Joyce

Bishop

Pingree

Congressman Pocan spoke against the amendment and stated some concerns with the program.

The amendment was passed by a voice vote. Thank you all for your grassroots efforts.