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Navigating The Maze Of Overtime And Related Wage-Hour Law  

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Training Course Syllabus:


This seminar is designed for human resource and payroll professionals, accountants, business and office managers, presidents, vice presidents, CFOs and controllers.

A major challenge for lawyers, accountants, business owners and human resource professionals is ensuring that their company and/or client is in compliance with federal and state wage and hour laws. Wage and hour laws are extensive and complex, and claims against employers in virtually every industry are on the rise. In particular, employers often misunderstand the exemptions to wage and hour’s overtime requirements and fail to properly classify an employee, resulting in potential back pay violations. Even where employees have been properly classified as exempt from overtime, employers will sometimes inadvertently destroy the exempt status, exposing themselves to liability for back pay. This seminar will explain the various exemptions from overtime, how to take advantage of them and how to avoid using them.

Topics to be discussed will include the following:

• Overview Of State And Federal Wage And Hour Laws

• Overtime Pay Rules

• Who’s An Employee?

• FLSA Exemptions

• Working Time – “Hours Worked”

• Audits, Investigations And Enforcement

8:30 a.m. - 10:30 a.m.

I. Overview Of State And

Federal Wage And Hour Laws

A. Fair Labor Standards Act

B. Michigan Law

C. Coverage

II. Overtime Pay Rules

A. The “Work Week” And “Regular Hourly Rate Of Pay”

B. Fluctuating Workweek Options

C. Dual Rates Of Pay

D. Belo Plans

E. Union Employee Plans

F. Compensatory Time Off

G. Health Care Employees

H. Law Enforcement And Fire Protection Employees

I. Tipped Employees

J. Room And Board Credit

K. Allowable Deductions

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 11:15 a.m.

III. Who’s An Employee?

A. Very Broad Definition

B. Independent Contractors

C. Trainees

D. Volunteers

E. Other Non-Employees

11:15 a.m. - 12:00 p.m.

IV. FLSA Exemptions

A. Salary Basis Test

B. “Long Test” vs. “Short Test”

C. Proposed Changes

D. Executive Employees

E. Administrative Employees

F. Professional Employees

G. Outside Sale Employees

H. Computer Employees

I. Specific Industry Exemptions

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:50 p.m.

IV. FLSA Exemptions (Continued)

V. Working Time – “Hours

Worked”

A. Waiting Time

B. On-Call Time

C. Break Periods

D. Meal Time

E. Sleep Time

F. Travel Time

G. Training Time

H. Starting And Quitting Time

2:50 p.m. - 3:00 p.m.

Break

3:00 p.m. - 4:00 p.m.

VI. Other Concerns

A. Child Labor

B. Recordkeeping

C. State Wage Payment And Collection

4:00 p.m. - 4:30 p.m.

VII. Audits, Investigations And

Enforcement And Wrap-Up

Roundtable Discussion

A. Preparing For An Audit

B. Responding To An Information Request

C. On-Site Visits

D. Civil And Criminal

E. Retaliation

F. Employer Defenses

G. Settlements And Waivers

Seminar Summary:

 (see full course description)

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