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Wage and Hour Law Under the FLSA: 2-Day In-person Seminar  

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Seminar Summary:

The Fair Labor Standards Act (FLSA) applies to virtually all public and private employers, and is chock- full of rules about everything from the minimum wage to overtime pay. Along with these rules come exceptions and exemptions. (see full course description)

 

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Training Course Syllabus:


Wage and Hour Law Under the FLSA: 2-Day In-person Seminar

Course Description:

The Fair Labor Standards Act (FLSA) applies to virtually all public and private employers, and is chock- full of rules about everything from the minimum wage to overtime pay. Along with these rules come exceptions and exemptions, and myriad expectations as to what wages must be paid and how. In short, the FLSA has and continues to be a source of great confusion to many employers. But ignoring it does not make it go away.

The United States Department of Labor (USDOL) is taking an increasingly active role in ensuring compliance with all aspects of the FLSA, including proper classification of workers as either independent contractors or employees, proper classification of employees as either exempt or non-exempt from minimum wage and overtime requirements and what constitutes compensable work time, to name just a few. What’s more, the United States Department of Labor over the last several years has begun to collaborate with some of their state counterparts. Why is that? The reason is because failure to properly classify and pay workers means less payroll withholding, which in turn means less revenue going to the federal (and state) government coffers. The USDOL therefore has every incentive to crack down on FLSA violations, real and perceived. That is why you as an employer/manager/H.R. practitioner cannot afford to ignore or minimize their FLSA obligations.

Topic Background:

Periodically, the Wage and Hour Division (WHD) of the Department of Labor (DOL) issues updates and new regulations that employers must comply with or face stiff penalties. It is every organization´s responsibility to stay abreast of all pertinent information regarding FLSA laws and federally mandated compliance requirements.

During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime. Those classifications are commonly referred to as exempt employees (those who meet the FLSA’s requirements to be exempt from overtime pay) and non-exempt employees (employees the law requires to be paid overtime).

The FLSA contains dozens of exemptions, which basically provide that specific categories of employers and employees aren’t subject to the Act’s overtime requirements. Most common are the “white-collar” exemptions for executive, administrative, and professional employees, computer professionals, and outside sales employees.

Many employers believe that if their employees agree to certain pay arrangements, or agree to be classified as independent contractors, then there is no violation of the law. This is not the case. Employees cannot agree to waive their rights under the Fair Labor Standards Act. For example, offering your employees time off or additional benefits in place of overtime pay is still an FLSA violation—even if your employees sign a written contract to that effect. The FLSA and only the FLSA determines the employer’s FLSA obligations. In fact, even when an employee willingly goes along with, or even requests, an illegal

pay arrangement s/he can still sue the employer for FLSA violations and recover any back pay he is owed under the law, in addition to keeping the extra pay and benefits he already pocketed under the illegal compensation system, and additional amounts in liquidated damages. If that’s not enough you may also be on the hook for your employee’s legal fees!

Course Outline:
Day One (8:30 AM - 4:30 PM) - FLSA Classification Issues

8:30 AM - 9:00 AM 30 Min

Overview
What is the FLSA?
Minimum Wage
Overtime
Required Records

9:00 AM - 9:45 AM 45 Min

Classifications
Employee or Independent Contractor?
Definitions
Benefits
Risks
9:45 AM - 10:30 AM 45 Min

Tests
IRS Test
Right to Control
Economic Realities

10:30 AM - 11:30 AM 60 Min

Hybrid Test
ABC Test (NJ and MA)
Common themes

11:30 AM - 12:00 PM 30 Min

Cases

12:00 PM - 1:00 PM 60 Min Lunch

1:00 PM - 2:00 PM 60 Min

Exempt v. Non-Exempt
Categories (e.g. Executive, Administrative)

2:00 PM - 3:15 PM 75 Min

Salary Basis Test
Safe Harbor Policy
Threshold
DOL Proposed Regulations

3:15 PM - 4:30 PM 75 Min

Duties Test
Job Titles and Descriptions
Job Evaluations, Supervisor and Employee Interviews
Discretion
Supervision
Authority

Day Two (8:30 AM - 4:30 PM) - Rate, Pay, Work Time, Litigation, Best Practices

8:30 AM - 9:00 AM 30 Min

Pay Included in Regular Rate (e.g. lodging, meals, commissions, non-discretionary bonuses, sick leave bonuses, etc.)

9:00 AM - 9:30 AM 30 Min

Pay not included in Regular Rate (e.g. discretionary bonuses, overtime premiums, stock options)

9:30 AM - 10:15 AM 45 Min

Best Practices

10:15 AM - 12:00 PM 105 Min Work Time – Hours Worked Under the FLSA

Off the Clock Time (Portal to Portal Act, de minimus time)
Waiting Time
On-Call Time
Rest Periods
Meal Breaks

12:00 PM - 1:00 PM 60 Min Lunch

1:00 PM - 2:00 PM 60 Min

Sleeping Time/Other Activities
Time Worked At Home/Remotely
Lectures/Training
Travel
Donning and Doffing

2:00 PM - 2:45 PM 45 Min Wage and Hour Litigation – Some Caveats
2:45 PM - 3:30 PM 45 Min IRS and DOL Collaboration
3:30 PM - 4:30 PM 60 Min Best Practices

Seminar Summary:

The Fair Labor Standards Act (FLSA) applies to virtually all public and private employers, and is chock- full of rules about everything from the minimum wage to overtime pay. Along with these rules come exceptions and exemptions. (see full course description)

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