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 overtime requirements and thus fail to properly classify an employee resulting in potential back pay violations.
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.
- Hourly employees are not all alike - learn to 'define your employees' so that you know who gets overtime and when
- Learn how to track hours worked correctly
- Strategies for avoiding overtime and keeping payroll down
8:30 a.m. - 9:15 a.m.
I. Defining Employees
A. Independent Contractors vs. Employees
B. Temporary And Leased Employees
E. Part-Time vs. Full-Time
9:15 a.m. - 10:45 a.m.
II. Exemptions From Overtime For
Private And Public Employers
A. Overtime Under The Fair Labor Standards Act (FLSA) And State Law
B. Exemptions From Overtime Under State And Federal Law
C. The Salary Basis Test Under State And Federal Law
10:45 a.m. - 10:55 a.m.
10:55 a.m. - 12:00 p.m.
III. Determining Hours Worked
A. The Work Week
B. Waiting Time
C. On Call And Travel
D. Meals And Rest Breaks
F. Preparatory And Concluding Activities
H. Unauthorized Work
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Preventing And Remedies For
A. Exempt Status Audits
B. Job Descriptions And Self-Evaluations
C. Agreements With Exempt Employees
D. DLSE And DOL Audits, Claims And Hearing
E. Calculating Back Overtime And Penalties
G. Litigation And Liability/Investigation And Enforcement
2:00 p.m. - 3:15 p.m.
V. Strategies For Determining And
A. 'Hours Worked And The Work Week'
B. 8, 12, 7th Day Premiums
C. Prevailing Wage Issues
D. Make-Up Time
E. Compensatory Time Off
F. Alternative Work Weeks
G. Fluctuating Work Weeks
H. Multiple Rates Of Pay
I. Bonuses And Stock Options
3:15 p.m. - 3:25 p.m.
3:25 p.m. - 4:00 p.m.
VI. Recent Developments That
Have An Impact On
Determining Exempt Status
A. Recent Interpretations Of Exempt Status And The Impact On Employers
B. The Private Attorney Generals Act And How It Impacts Employers Decisions On Exempt Status
4:00 p.m. - 4:30 p.m.
VII. Questions And Answers