A major challenge for 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. Specifically, employers often misunderstand the exemptions to wage and hour's overtime requirements and thus fail to properly classify an employee resulting in potential back pay violations. Additionally, where employees have been properly classified as exempt from overtime, employers will inadvertently destroy the exempt status which also exposes the employer to damages for back pay. This seminar is designed to discuss the various types of employee classifications that are exempt from overtime, as well as to discuss common mistakes by employers that result in the destruction of an otherwise exempt classification.
- Determination of coverage under the FLSA
- Revised overtime exemptions for white collar employees
- Appropriate deductions from wages of exempt and non-exempt employees
- Department of Labor investigation: what do you do?
8:30 a.m. - 9:00 a.m.
I. Overview Of The FLSA
9:00 a.m. - 9:50 a.m.
II. Determination Of Coverage
Under The FLSA
A. Enterprise Coverage
B. Individual Coverage
C. Independent Contractors Or Employees
D. Trainees, Students And Volunteers
9:50 a.m. - 10:00 a.m.
10:00 a.m. - 12:00 p.m.
III. Revised Overtime Exemptions
For White Collar Employees
A. Salary Basis Test
B. Salary Amount Test
C. The 'Duties' Tests For Exempt Employees
4. Outside Sales
5. Computer-Related Occupations
6. Other Exemptions
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Determining The Rate At Which
To Pay Overtime
A. Computing The 'Regular Rate Of Pay'
1. Items Included In 'Regular Rate'
2. Items Excluded From 'Regular Rate'
B. Fluctuating Work Week
C. Commissions And Piece Rates
2:00 p.m. - 3:00 p.m.
V. Determining What Constitutes
A. Waiting Time
B. On-Call Time
C. Rest Periods
D. Meal Periods
E. Sleeping Time And Other Activities
F. Preparatory And Concluding Activities
G. Travel Time
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 4:00 p.m.
VI. Appropriate Deductions From
Wages Of Exempt And Non-
A. Deductions In Exempt Context
B. Deductions In Non-Exempt Context
C. De-Minimus Rule
D. Window Of Correction
E. New 'Safe Harbor' Provisions
4:00 p.m. - 4:30 p.m.
VII. Department Of Labor
Investigation: What Do You Do?
A. What The Investigator Will Do
B. How Should You Respond?
C. Effects Of The Statute Of Limitations On Liability
D. Managing Liability
VIII. Private Plaintiff Lawsuits: The
B. Collective (Class) Action Lawsuits
C. Personal Liability For Managers
IX. Questions And Answers