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Complying with the Fair Labor Standards Act – Exemptions and Overtime Requirements
• Determining whether your employees are exempt from overtime
• How to define your workweek
• What is compensable working time?
• How to determine the regular rate of pay.
• Determining when bonuses must be in the regular rate
• How to pay employees who work at different rates
• Using salary coefficient to pay workers.
• Using 7(k) exemption to pay police and fire detail
Overview of the webinar
The Department of Labor estimates that a whopping 72% of employers are not in compliance with the Fair Labor Standards Act. In addition to misclassifications (which lead to costly class action lawsuits), employers simply are not calculating overtime correctly. They are either not capturing all the time worked or they are not use the correct regular rate of pay in the calculation.
The Fair Labor Standards Act is designed to protect those that Congress felt were in an unequal bargaining position with the employer. While your employees may not complain that they are not being paid properly, a Department of Labor audit will force you to provide back pay for misclassifications or not calculating overtime correctly. This can wreak havoc on you budget. Are you prepared?
Who should attend?
- Human resource managers
- Risk managers
- Payroll clerks
- Chief financial officers
Why should you attend?
Lawsuits under the Fair Labor Standards Act have reached an all-time high. The Department of Labor estimates that 87% of all employers are not in compliance with their obligations to pay overtime to non-exempt workers. Even employers with the best intentions find themselves violating some aspect of the Fair Labor Standards Act. In addition to misclassification issues, employers fail to recognize what time must be compensated and then how to calculate how much is owed when the employee works overtime. The use of personal digital devices and the growing popularity of telecommuting have made this task even more difficult!
Faculty - Ms.Susan Fahey Desmond
Susan Fahey Desmond is a principal with Jackson Lewis PC. She has been representing management in all areas of labor and employment law for over 30 years. Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law.
Ms. Desmond specializes in the areas of labor and employment and civil litigation, including representing employers in Family and Medical Leave cases, discrimination claims and handling EEOC charges and other administrative complaints through the administrative and judicial process.