The recent overhaul of federal regulations interpreting the FLSA by the U.S. Department of Labor has garnered much attention. These regulatory changes reflect just one component of the extensive, and often complicated, wage and hour law to which employers must comply. Such compliance is vital to the success and protection of businesses. Keeping abreast of the fast pace of changes in this area of law is critical for business owners, human resource professionals, as well as lawyers assisting such clients. This program is designed to provide an overview of the FLSA, as well as highlight some of the critical differences between the FLSA and California law. Particularly, the program covers proper classification of employees as exempt or non-exempt, including a specific emphasis on recent regulatory changes, calculating hours worked, overtime calculations and compliance/enforcement issues.
- Overview of FLSA framework
- Discussion of the new FLSA regulations regarding employee exemptions
- Explanation of hours worked and overtime calculations
- Review of compliance and enforcement issues
- Discussion of critical differences between federal and California laws that employers must know
- The attendee will be able to discuss compliance and enforcement issues.
- The attendee will be able to identify exempt vs. non-exempt employees.
- The attendee will be able to review overtime 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 Realities' Test
3. Trainees or Students
9:30 a.m. - 10:30 a.m.
II. Exempt vs. Non-Exempt
A. New FLSA Exemption Regulations And Comparison To California Law
1. White Collar Exemptions: Duties Test
a. Executive Exemption
b. Administrative Exemption
c. Professional Exemption
2. White Collar Exemptions: Salary Basis Test
a. Permissible Deductions
b. Impermissible Deductions
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 12:15 p.m.
II. Exempt vs. Non-Exempt
B. Other Exemptions
1. Computer Professional Exemption
2. Outside Sales Exemption
3. Miscellaneous Exemptions
C. Timekeeping For Exempt Employees
D. Special Problems Where The Employee Falls Within A Combination Of Two Or More Exempt Classifications
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
III. Calculating Hours Worked
A. Travel Time
B. On-Call Time
C. De Minimis Activities
D. Training Time
E. Work Performed Without The Employer's Knowledge
F. Waiting Time
G. Split Shifts
H. Miscellaneous Issues
2:15 p.m. - 3:15 p.m.
IV. Calculating Overtime
A. The Duty To Pay Overtime
B. Regular Rate Of Pay
1. Payments Included In The Regular Rate Of Pay
2. Payments Excluded From The Regular Rate Of Pay
C. Piece Rate
D. Fluctuating Work Week
E. Other Overtime Issues
1. Joint Employment
2. Use Of Compensatory Time (Private vs. Public Sector)
3:15 p.m. - 3:25 p.m.
3:25 p.m. - 4:00 p.m.
V. Compliance And Enforcement
A. Record-Keeping 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.
VI. Questions And Answers