In 2003, the United States Department of Labor collected over $212 million in back pay for overtime and minimum wage violations. A recent survey estimated Fair Labor Standards Act compliance at much less than 50%. Many employers believe they have a proper understanding of how to pay overtime, classify employees and address the myriad of other wage and hour issues; however, as evidenced by the above statistics, that belief is sometimes misplaced. With FLSA litigation on the rise and conflicting regulation at the state and federal levels, misunderstandings can lead to significant liability. This seminar will address important developments in the area of wage and hour compliance, spotlight common problem areas, and provide potential solutions.
- The new United States Department of Labor 'white collar' regulations
- The new 'duties' test
- The new 'salary basis' test
- Illinois Equal Pay Act
- Illinois Victims' Economic Safety and Security Act
- Amendments to the Illinois Minimum Wage Law and their impact on the new federal regulations
- What must be counted as 'hours worked'?
- Is 'comp' time legal?
- Can I dock an employee's salary?
8:30 a.m. - 8:45 a.m.
I. Overview Of Federal And State Wage And Hour Laws
8:45 a.m. - 10:30 a.m.
II. Exempt Employee Issues
A. Determining Who Is Exempt And Who Is Not
B. The 'Duties Test' For Exempt Employees
C. The 'Salary Basis' Test For Exempt Employees
D. Losing An Employee's Exempt Status
E. Recognizing And Using Special Exemptions To Your Advantage
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 12:00 p.m.
III. Non-Exempt Employee Issues
A. What Are 'Hours Worked'?
B. What Is An Employee's 'Regular Rate' Of Pay?
C. Overtime Issues
D. Is 'Comp Time' Legal?
E. Alternative Pay Arrangements To Control Overtime Liability
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
IV. Recent Illinois Legislation
A. Illinois Equal Pay Act
B. Illinois Victims' Economic Safety And Security Act
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:45 p.m.
V. Other Illinois Wage And Hour Laws
A. Wage Payment And Collection Act
B. Jury Duty
C. One Day Rest In Seven
D. School Visitation Rights Act
3:45 p.m. - 4:30 p.m.
VI. Litigation Of Wage And Hour Claims