they pay her fair day's work message of the president to congress may twenty four nineteen thirty for any exemption from such humanitarian and remedial legislation must therefore be narrowly construed giving due regard to the plain meaning of statutory language and intent of congress to extend an exemption to other than those plainly and understandably within its terms and spirit is to use interpretive process and to frustrate the announced will of the people and wage in our case just as over is presumed to be not exempt and title to overtime can without implicating you have to legal conclusions there's a fair amount of resourcefulness and his job he talks to these people in trying to figure out what's taking problems are how to solve this not you know this is inspectors or safety specialists do not meet their duties requirement for you to minister to the exemption when was that regulation put into effect and is there any dispute as to whether or not that regulations apply asked to the facts of this case most important worker protections and they're actively updating them because we've had this sort of a shift in our work force necessary to restore the overtime protections intended by the statute which have the road and over the thirty four until two thousand and five changes in the workplace and yet instead they effectively say we've said inspectors are not exams we said that nine hundred thirty four and we're making it clear here today in two thousand and four two thousand and five that fire safety inspectors are not exempt as well and where i now gys includes a duty to be very similar to fire safety agree to you you relate that argument about subsection shows an example of inspectors fire inspector safety as not being what what is a fact and that we should look at to make sure that we get suggestion is is that a man that goes out and does a sniff test and a man and goes out to work to inspect whether scaffolding is being complied with a particular job has an analysis or something is not saying we're going to have a new policy in the field to do this or to do that and that is that's the distinction and it's whether or not this is oubre ran the business or did the business of the business move in a supervisor half years i believe and i might be mistaken that at the time it was a cart which was his last job site there was a safety supervisor on site for his his career yes and who did the actual decision who testified about that but there were there was four or six places to sign on the form and i wish there was one of the record i don't think there were as there was a place for super designers a place for four or four six individuals it's common in many industrial websites to say that anybody can stop work if he or she thinks i'm saying and most companies when they say that me but the truth is the operational responsibility for stocking jobs when they're on sale mostly  contemplating the issue of whether you ever get over the presumption he's entitled to overtime but i'd further suggest that has been backhandedly over ruled by our and that and a supreme court new regulation as it relates to public sector inspectors who generally do not meet the duties requirements for the administrative exemption because their work typically does not involve work directly related to the management or able from from the situation that we have here i'm having a little trouble following why i public sector inspector different from well i don't think the laws changed i think this is going to be an interpretation of the law and the regulations to provide examples of the types of things that may or may not be exempt i think the important thing to keep in mind is that each position has to be individually evaluated yes now i'm not sure i haven't fully understood the answer and i don't want to pin you down and i don't care larry but when you said i don't think the law has doing the job to determine whether or not they were properly qualified and certified to do the job so it wasn't just it wasn't just a mere application of putting a fine saying go out and work it involves the use of judgment and say that it is not limited to persons who participate in drafting policies or making procedures it also it may include those who affect policy or those who have a responsibility to carry out those management and my mind goes to the regulations where they talk about the boy with the bank who goes to the bank and loses that's obviously very important to management but what the commentary says it's not important to management in a way that makes  guys and there is some leeway for nonexempt employee to use some discretion you gotta decide to use the blue mark or the red mark so it's over says use the word are the table saw instead of warm dr shaw that's a better idea than a get all cases over that's fine again if somebody's going to call mr nelson an anchorage c e o and bother him with that detail it's important to them that the shop floor is clean and they use the right room and that the inspections are made in the business gets done but it's not important for the effect of running the business for the formulation of how the business is run and i think the biggest response to that is if you're right on that then how come it says in the new regulation fire safety inspectors are exempt so it's an important it's important work but it's not important to the running of the business and and that regulation and the old regulation also says inspectors are not exempt so i think that covers that point very well  i'm sorry surprised here lester young men say servers fall by saying we provide safety inspections services i may be mistaken but i thought when he got up here and started his stock he said among the services we provide our inspection services so it seems that he's internally inconsistent but that's i suggest a product  judge good was a question about the the executive employee who zuber assisted i still don't know who that is to this day i've never got a name as to who that individual is so i don't know how we can say he did that