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
E. Employment Relationship
1. Joint Employers
2. Employee Or Independent Contractor? – The 'Economic
3. Trainees of Students
9:30 a.m. - 10:45 a.m.
II. Exempt vs. Non-Exempt
A. 'White Collar' Exemptions
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
H. Timekeeping For Exempt Employees
I. Other Exemptions
10:45 a.m. - 10:55 a.m.
10:55 a.m. - 11:50 a.m.
III. What's Changed: How The New
Regulations Have Changed The
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. General Rules (Single Workweek Snapshot)
B. Computing The 'Regular Rate'
1. Hourly Rate
2. Piece Rate
3. Day Or Job Rate
4. Salaried Employees (Non-Fluctuating Workweek)
5. Salaried Employees (Fluctuating Workweek)
6. Employees Working At Two Or More Rates
C. Items Included In 'Regular Rate'
D. Items Excluded From 'Regular Rate' E. Joint Employment
E. Use Of Compensatory Time (Private vs. Public Sector)
F. Fluctuating Work Week
G. Other Calculations
3:15 p.m. - 4:00 p.m.
VI. Compliance And Enforcement
Recordkeeping And Notice
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.
VII. Questions And Answers