The Department of Labor has set new records for wage and hour enforcement. Effective August 23, 2004, there are strong new standards in place to better protect workers' pay. How do the new overtime regulations apply to your business or your client? Which employees are entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act? Which employees are classified by law as exempt from overtime pay requirements under the new regulations? When can deductions be made from exempt employee's pay? Do on-call employees have to be paid for the time spent waiting to work?
This valuable seminar will give you the answers to these and other questions. Sorting through the new wage and hour rules, and the overtime regulations, can be a formidable task even for the seasoned attorney. Learn what wage and hour laws apply to your company's or client's operations. Find out what qualifies for exemptions under the Fair Labor Standards Act. Get definitive answers to your questions about what qualifies as hours worked and how to properly calculate overtime pay. Come away with a clear understanding of how to properly administer an acceptable compensation plan. This is a targeted seminar you will not want to miss.
- Review laws and regulations to make sure you are in compliance.
- Get the details about those employees who are entitled to overtime pay.
- Examine how to determine if an employee is exempt under the new regulations.
- Discover how to respond to an investigation by the Department of Labor.
- The attendee will be able to discuss overtime pay rules and other concerns.
- The attendee will be able to identify exempt vs. non-exempt employees.
- The attendee will be able to review the hours worked for calculating overtime pay.
8:30 a.m. - 8:50 a.m.
I. Overview Of The FLSA
A. The Fair Labor Standards Act Of 1938, As Amended
B. The Portal-To-Portal Act Of 1947
C. Interplay With Michigan Wage And Hour Laws
8:50 a.m. - 11:00 a.m.
(Break 10:30 a.m. - 10:40 a.m.)
II. Exempt vs. Non-Exempt
A. Overview Of Exemptions
B. The New White Collar Exemption Regulations
1. The New Salary Level Rules
2. The New 'Salary Basis' Rule
3. The New Safe Harbor Rule
4. The New 'Duties Test'
C. Other Total Exemptions From Overtime Pay
D. Exemptions To Only The Overtime Pay Requirements
11:00 a.m. - 12:30 p.m.
III. What Are 'Hours Worked' For
Calculating Overtime Pay?
A. Duty To Compensate Employees For 'Hours Worked'
B. Volunteer Activities
C. Unauthorized Work
D. Wash-Up And Clothes Changing Time
E. Waiting Time
F. On-Call Time
G. Travel Time
H. Sleeping Time
I. Rest Periods
J. Meal Periods
K. Medical Attention
L. Meetings And Training Time
M. Preliminary And Postliminary Activities
N. Preparatory And Concluding Activities
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:00 p.m.
IV. Who Is An Employee?
A. Very Broad Definition
B. Independent Contractors
E. Other Non-Employees
2:00 p.m. - 3:05 p.m.
V. Overtime Pay Rules
A. The 'Work Week' And 'Regular Hourly Rate Of Pay'
B. Computing The 'Regular Rate' Of Pay
C. Fluctuating Work Week Options
D. Dual Rates Of Pay
E. Belo Plans
F. Union Employee Plans
G. Compensatory Time Off
H. Health Care Employees
I. Law Enforcement And Fire Protection Employees; Emergency Medical Response Employees
J. Tipped Employees
K. Room And Board Credit
3:05 p.m. - 3:15 p.m.
3:15 p.m. - 3:45 p.m.
VI. Other Concerns
A. Payroll Deductions
B. State Wage Payment And Collection
C. Child Labor
E. Equal Pay Act
3:45 p.m. - 4:15 p.m.
VII. Audits, Investigations And
A. Preparing For An Audit
B. Responding To An Information Request
C. On-Site Visits
D. Civil And Criminal Lawsuits
F. Employer Defenses
G. Settlements And Waivers
4:15 p.m. - 4:30 p.m.
VIII. Wrap-Up Discussion And