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Proper Worker Classification: FLSA Exemptions, Rules on Independent Contractors
- The DOL’s new proposed overtime regulations, and changes in exemption criteria.
- The three DOL Tests of Exempt Status: the Duties, Salary Basis, and Salary Level Tests.
- How the Salary level test has been raised under the proposed 2023 FLSA Final Rule .
- Executive Exemption: what is management and how many employees must the executive supervise?
- Administrative Exemption: what is management or general business operations and what is discretion and independent judgment?
- Professional Exemption: who is a Learned Professional and who is a Creative Professional.
- Computer Employees: what makes them exempt?
- Outside Sales Employees: what are the requirements?
- The Highly Compensated Employees Exemption.
- The Importance of a Compliance Review.
- How California and other States’ rules differ from the FLSA.
Overview of the webinar
It is extremely important for employers to ensure that their employees are not improperly classified as exempt when they are really nonexempt. In the event of an employee lawsuit or an audit by the DOL, employers will be required to substantiate their reasons for classifying a particular employee or employee as exempt. The burden of proof will be on the employer to establish exempt status, not on the employees or the DOL to prove that employees are not exempt. Many employers have learned this lesson the hard way.
In addition to enforcement action by federal and state departments of labor, improper classifications have resulted in many collective action lawsuits by groups of employees, many of which have resulted in multimillion-dollar settlements.
The purpose of this webinar is to assist HR professionals in determining whether employees qualify for any of the exemptions from the FLSA's overtime and/or minimum wage requirements.
This webinar will help employers to ensure compliance with current FLSA overtime rules, including the current FLSA regulations, and explain the changes that employers need to understand and comply with. The 2020 FLSA Final Overtime Rules made significant changes in which of your employees qualify to be “exempt” and therefore not entitled to overtime, and the proposed 2023 rules would make changes once the final rules are issued.
This webinar will also go through in-depth the proper way to classify your employees as exempt vs. non-exempt based on the current FLSA OT rule rules. We will also review state laws that go beyond the FLSA exemption tests, so you can properly classify your employees working in those states.
Who should attend?
- HR Professionals
- Managers
- Supervisors
- Business Owners
Why should you attend?
Deciding between exempt and nonexempt: Classify employees incorrectly and it will cost you big-time … it may even land you in court!
If you’re confused about which employees are exempt and which are nonexempt, you’re not alone. Many companies are making costly classification mistakes and are paying a hefty price in back pay and lawsuits. As an HR professional, you’re probably well aware of the burden of making sure your employee classifications are accurate.
Faculty - Dr.Steven G. Meilleur
Steven G. Meilleur, Ph.D., SPHR – is President, and CEO – of PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, employee relations, leadership, training & organizational development, organizational research and assessment, strategic & operational planning, and non-profit organization management and governance. Dr. Meilleur has more than 40 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors.
He is also on the faculty of the UNM School of Public Administration in the graduate program, teaching in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development. He has spoken at numerous conferences and workshops across the country and is a published author in the areas of human resources, marketing, leadership and management development, organizational change and innovation, non-profit organization management, and board development.
Dr. Meilleur received a BA in English Literature and Education from Bucknell University, an Executive MBA from the University of New Mexico’s Anderson Graduate School of Management, and his Ph.D. in Leadership and Organizational Learning from UNM. He received his certification as a Senior Professional in Human Resources (SPHR) from the Society for Human Resource Management in 1995.
Credits
HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
ComplianceIQ is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for [1.5] PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.