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Who should attend FLSA Overtime Requirements And Exemptions
This seminar is designed for human resource and payroll professionals, accountants, business and office managers, presidents, vice presidents, CFOs and controllers.
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FLSA Overtime Requirements And Exemptions  

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

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Seminar Summary:

This seminar will explain the various exemptions from overtime, how to take advantage of them and how to avoid using them. (see full course description)

 
 

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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 FLSA

• Exempt vs. Non-Exempt Employees

• Employer’s Inadvertent Destruction Of Exempt Status

• Compensatory Overtime

• Calculating Overtime

• Compliance And Enforcement Issues

8:30 a.m. - 9:30 a.m.

I. Overview Of FLSA

A. Traditional Or Individual Coverage

B. Enterprise Coverage

C. State And Local Government

D. Employer Status

1. Owners

2. Managers

3. Consultants

E. Employment Relationship

1. Joint Employers

2. Employee Or Independent

Contractor? – The “Economic Realities” Test

3. Trainees Or Students

4. Volunteers

9:30 a.m. - 10:45 a.m.

II. Exempt vs. Non-Exempt Employees

A. “Duties Test” For “White Collar” Exemptions

1. Executive Exemption

2. Administrative Exemption

3. Professional Exemption

4. Outside Salesperson

Exemption

B. Computer Professional Exemption

C. Agricultural Laborers

D. Seasonal Amusement And Recreational Employees

E. Retail Salespersons On Commissions

F. Motor Carrier Exception

G. “Salary Basis” Test And Permissible Deductions

1. Sick Leave

2. FMLA Leave

3. Personal Reasons

4. Disciplinary Docking

5. Effect Of Paying Overtime

6. Whole Week’s Pay Deduction

H. Timekeeping For Exempt Employees

I. Special Problems Where The Employee Falls Within A Combination Of Two Or More Exempt Classifications

J. Other Exemptions

10:45 a.m. - 10:55 a.m.

Break

10:55 a.m. - 11:50 a.m.

III. Employer’s Inadvertent Destruction Of

Exempt Status

A. Part-Day Absence Deductions

B. Disciplinary Suspension

C. Practical Advice

11:50 a.m. - 12:50 p.m.

Lunch (On Your Own)

12:50 p.m. - 1:30 p.m.

IV. Compensatory Overtime

A. Travel Time

B. On-Call Time

C. Training Time

D. Meals/Break Time

E. Bonus/Incentive Pay

F. Preparing For And Starting Work

G. Waiting Time

H. Sleep Time

I. Jury Duty And Voting

J. Miscellaneous Overtime Issues

1:30 p.m. - 3:15 p.m.

(Break 2:15 p.m. - 2:25 p.m.)

V. Calculating Overtime

A. Regular Rate Of Pay

1. Payments Included In The

Regular Rate Of Pay

2. Payments Excluded From The

Regular Rate Of Pay

B. Piece Rate

C. Fluctuating Work Week

D. Other Calculations

VI. Destruction Of Exempt Status

A. Partial Day Absences

B. Disciplinary Suspension

C. Recent Case Law

D. Overtime Rules

1. General Rules (Single

Workweek Snapshot)

2. Computing The “Regular Rate”

a. Hourly Rate

b. Piece Rate

c. Day Or Job Rate

d. Salaried Employees

(Non-Fluctuating

Workweek)

e. Salaried Employees

(Fluctuating Workweek)

f. Employees Working At

Two Or More Rates

3. Items Included In “Regular

Rate”

4. Items Excluded From “Regular

Rate”

5. Joint Employment

6. Use Of Compensatory Time

(Private vs. Public Sector)

3:15 p.m. - 4:00 p.m.

VII. Compliance And Enforcement Issues

Documentation, Recordkeeping

And Notice Posting Requirements

A. Recordkeeping And Posting Requirements

B. Wage And Hour Investigations

C. Overtime Litigation And Remedies

D. Civil And Criminal Penalties

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

VIII. Questions And Answers

Seminar Summary:

This seminar will explain the various exemptions from overtime, how to take advantage of them and how to avoid using them. (see full course description)

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