1 Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes Presented by: Austin E. Smith Ogletree Deakins Thursday, June 27, :30 p.m. to 3:00 p.m. Eastern 12:30 p.m. to 2:00 p.m. Central 11:30 a.m. to 1:00 p.m. Mountain 10:30 a.m. to 12:00 p.m. Pacific or For CD and other purchasing information, contact customer service at: or BLR and HR Hero Business & Legal Resources and HR Hero. All rights reserved. These materials may not be reproduced in part or in whole by any process without written permission. This program has been approved for 1.5 credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI).The Program ID number will be ed to the registered participant at the completion of the conference. For more information about certification or recertification, please visit the HRCI website at
2 Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes Presented by: Austin E. Smith Ogletree Deakins June 27, 2013 Today s Webinar Key differences between exempt and nonexempt employees. The federal salary level test v. the salary basis test. Common mistakes employers continue to make regarding FLSA exemption classifications and how to fix them. Job duties that present tricky challenges for employers. Exemption traps to avoid. Strategies to help you get to the bottom of what your exempt employees really do day in and day out and why relying exclusively on what the job description says is a bad idea. Pointers on how to jump start an internal wage and hour audit to uncover misclassification errors.
3 Exemptions from Minimum Wage & Overtime: Common Misconceptions If any employee is salaried (or paid enough), he/she is automatically exempt from overtime requirements. All professional employees are, by definition, exempt from overtime. Our job classifications must be correct because they have been in place for many years and no one has challenged them. Exemptions A. Minimum wage and overtime 1. Traditional white collar exemptions: a. Executive employees; b. Administrative employees; c. Professional employees; and d. Outside sales employees 2. Highly skilled computer employees. 3. The highly compensated employee. 4. Agricultural employees. 5. Domestic service employees: a. Babysitters; and b. Companions.
4 Exemptions B. Overtime exemption only 1. Retail big ticket sales. 2. Salesmen, partsmen, and mechanics employed by retail car, truck, and farm implement dealers. 3. Movie theater employees. 4. Employees subject to regulation under the Motor Carrier Act (drivers, loaders, and mechanics). 5. Certain employees subject to jurisdiction of the Railway Labor Act. 6. Live-in domestic employees. Three Key Tests for Exempt Status 1. Level of pay paid enough? 2. Paid on a salary basis? 3. Satisfy the primary duty test?
5 The Salary Level Test Increased to $455 a week $23,660 annually Biweekly $910 Semi-monthly $ Monthly $1, Compensation for Skilled Computer Employees $455 per week if exempted as a professional employee and paid on a salary basis. $27.63 per hour if paid on an hourly basis.
6 The requirements: The Highly Compensated Employee Exemption Must receive total annual compensation of at least $100,000. Must include a $455 weekly guarantee paid on a salary basis. Must customarily perform one or more exempt duties required of an executive, administrative, or professional employee. If less than $100,000, employer may make a make-up payment within one month of the end of the 52-week period. May pay a pro rata portion of $100,000 if works less than a year. The Salary Basis Test Paid on a salary basis means Employee must receive each pay period a predetermined amount constituting all or part of the employee s compensation; and The predetermined amount may not be reduced because of variations in the quality or quantity of work performed. Subject to a few permissible deductions, employee must be paid full salary without regard to the number of hours or days worked. Do not have to pay if no work performed during the workweek.
7 Exempt Employees Permissible Deductions from Salary Personal full-day absences for reasons other than sickness or disability. Full-day absences for sickness or disability may be docked under a bona fide plan that compensates for a loss of salary. Do not have to compensate for all salary loss; and May deduct for absences after employee has exhausted benefits. Permissible Deductions (Cont. d) Disciplinary suspensions for infraction of major safety rules Rules that relate to prevention of serious danger in the workplace. The full-day rule does not apply may dock for partial-day suspensions. New: Deduction for disciplinary suspension for violation of workplace conduct rules. Must be imposed pursuant to a written policy. Will be construed narrowly to serious misconduct sexual harassment, workplace violence, possession or under influence of drugs or alcohol. The full-day rule does apply.
8 Permissible Deductions (Cont. d) FMLA leave deductions for partial-day absences are permitted. Deduction must be proportionate to the employee s normal workweek. Five hours of unpaid FMLA leave in 50-hour workweek may deduct only 10 percent of employee s salary. First and Last Weeks of Employment Full salary not required. May deduct a pro rata amount calculated on daily or hourly basis.
9 Jury Duty, Attendance As Witness, and Temporary Military Leave May not make deduction of less than full workweek. May offset salary with jury fees, witness fees, or military pay. Deductions from Paid Leave Accounts May debit employee s leave account. May deduct for partial-day absences. Caution may not dock salary for partial-day absences when leave account has been exhausted.
10 Effect of Improper Deductions A practice of making improper deductions will result in loss of exemptions for Employees in the same classification working for the same manager. Loss of exemption for all employees in that classification who could have been docked. What is a practice? Factors considered include: The number of improper deductions. The time period. The number of responsible managers. The presence or absence of a policy prohibiting improper deductions. The Safe Harbor Provision Must have a policy prohibiting improper deductions. Must be clearly communicated. Must contain a complaint mechanism. Must promptly reimburse employee for improper deductions. Exemption will be lost if continue to make deductions after receiving complaints. Best evidence of clearly communicated is a written policy.
11 Policy Prohibiting Improper Deductions from Compensation of Exempt Salaried Employees As an exempt salaried employee, you will be paid on a "salary basis." This means that you will be paid a predetermined amount each pay period (which constitutes all or part of your compensation), and this amount is not subject to reduction because of variations in the quality or quantity of your work, nor is the amount subject to deduction for absences during a workweek occasioned by the Company or by the operating requirements of our business. Subject to certain exceptions required or permitted by law, you will receive your full salary for any workweek in which you perform any work without regard to the number of days or hours worked. Should you believe an improper deduction has been made from your salary, you should inform as soon as possible. If it is determined upon investigation that an improper deduction has been made from your salary, you will be promptly reimbursed, and appropriate steps will be taken to prevent a recurrence of an improper deduction from your pay. A copy of this policy was given to the undersigned exempt salaried employee on the date appearing next to his/her signature. Exempt Salaried Employee Date Paying Additional Compensation to Exempt Employees Paying extra is okay as long as arrangement includes a predetermined amount of not less than $455 per week. May pay additional compensation for hours worked beyond normal workweek. The extra may be paid on any basis: Bonus Straight-time hourly rate Time and one-half hourly rate
12 Related Questions May we require exempt employees to punch a time clock or otherwise track and record their time worked? Yes May we require our exempt employees to work a specific schedule? Yes May we suspend our exempt employees for excessive absenteeism or tardiness? Yes if for full workweek No if less than a workweek The Job Duties Test All white collar classifications must satisfy a job duties test. Common to all is a primary duty test. Primary duty means the principal, major, or most important duty performed by the employee. Time spent performing exempt work is not the sole test. Employees who spend more than 50 percent of their time performing nonexempt work may be exempt if they are not closely supervised and do not earn only a little more than nonexempt employees.
13 Job Duties Test for Executive Employees Primary duty must be management of the enterprise or of a customarily recognized department or subdivision; Must customarily and regularly direct the work of two or more other employees; and Must have authority to hire and fire, or to make suggestions and recommendations that are given particular weight with regard to hiring, firing, promotion, or other change of status. Particular Weight and Change of Status Particular weight factors include: Extent to which making suggestions and recommendations is an established part of the job. The frequency with which they are made. The frequency with which they are relied upon. Does not have to be a final decision-maker. Change of status means same as tangible employment action defined in Burlington Industries v. Ellerth, 524 U.S. 742 (1968) a significant change in employment status, such as hiring, firing, failing to promote, reassignment with different responsibilities, or a decision causing a significant change in benefits.
14 Concurrent Duties The concurrent performance of exempt and nonexempt work does not disqualify the exemption. Assistant manager in a fast food restaurant can serve customers, cook food, clean equipment, and direct the work of subordinates at the same time. Job Duties Test for Administrative Employees The primary duty must consist of the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer s customers; and The primary duty must include the exercise of discretion and independent judgment with respect to matters of significance.
15 Directly Related to the Management or General Business Operations Refers to the type of work performed. Assists with the running or servicing of the business. Functional areas common to almost all businesses. Tax, finance, accounting, budgeting, insurance, quality control, purchasing, advertising, computer network, legal compliance, human resources, personnel administration, etc. Discretion and Independent Judgment with Respect to Matters of Significance Discretion and independent judgment Comparing and evaluating options Deciding and acting after considering the options Matters of significance refers to the level of importance or consequence of the work performed. Does not have to be final decision-maker.
16 Discretion and Independent Judgment: Questions to Consider Formulate, interpret, or implement policy? Carries out major assignments? Authority to commit employer in matters that have significant impact? Authority to waive or deviate from policy? Authority to negotiate and bind the company? Involved in planning business objectives? Provides expert advice to management? Professional Employees: Job Duties Test Primary duty of learned professionals is work which requires advanced knowledge in a field of science or learning, with such knowledge customarily acquired through a prolonged course of specialized intellectual instruction. Primary duty of creative professionals is work which requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.
17 The Learned Professionals Work must be predominantly intellectual in character, and it requires the exercise of discretion and independent judgment. Field of science or learning means an occupation that has a recognized professional status. Customarily required by prolonged specialized intellectual instruction means that a specialized degree is standard prerequisite for entry into the field. Skilled Computer Employees Primary duty must be one or more of the following: 1. Application of systems analysis techniques and procedures, including consulting with users to determine hardware, software, or system functional specifications; 2. Design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; 3. Design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or 4. A combination of duties described in subparagraphs 1, 2, and 3, the performance of which requires the same level of skills.
18 Outside Sales Employees: Job Duties Test Primary duty must be making sales or obtaining orders or contracts; and Must customarily and regularly perform such primary duty away from employer s place of business. Drivers Who Sell Primary duty must be making sales. Driving and delivering incidental to sales is considered exempt work. Frequent calls and deliveries to replenish stock normally not exempt work.
19 The Cost of a Mistake The Facts: Misclassified employee is paid $600 a week and works an average of 50 hours a week. The Good News: The regular rate is not $15 ( hours). The overtime rate is not $225 per week ($22.50 x 10 hours). The regular rate is $12.00 ($600 50). The time has been paid. The half-time rate is $6.00. The overtime premium due is $60. The Bad News: Three years back pay if willful then double it $17,280! The Fluctuating Workweek Plan for Salaried Nonexempt Employees 1. Employee is paid a guaranteed salary covering all hours worked in workweek. 2. Salary must be sufficient to cover all hours worked at minimum wage. 3. Overtime premium is paid at one-half the regular rate for all hours over Regular rate is determined by dividing salary by actual hours worked. 5. Thus, the regular rate will vary with hours worked. NOTE: Employee must understand that fluctuating workweek method will be used.
20 Calculating Overtime Using Fluctuating Workweek Method Pete is paid a guaranteed salary of $600 per week. He worked 50 hours last week. Regular rate is $12 salary divided by hours worked. Note: Pete has been paid the time for all 50 hours. We now owe him the one-half. $6 is half-time rate ($12 x ½ = $6). Pete is owed $60 in overtime premium in addition to his $600 salary. Common Errors (Other Than Misclassification) Failing to include bonuses and other nondiscretionary payments in calculating overtime for non-exempt employees. Making deductions from wages that brings compensation to below minimum wage. Allowing employees to bank comp time. Not policing off-the-clock work.
21 Don t Rely on Job Descriptions Alone Job descriptions ARE important. And they should be carefully drafted to fit the exemption sought. But, they are only A factor; not THE factor. How to Start Your Own Internal Audit Consider who should lead the audit. Must be someone with extensive experience in FLSA compliance often a third-party consultant or attorney. Consider attorney-client privilege. Combine an exemption audit with a full FLSA compliance audit. Gather all relevant documents describing positions and job duties in question. Interview multiple employees in each position/category. Don t forget salary level and basis tests.
22 Disclaimers *This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. *This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.
23 Speaker Biography Austin E. Smith Attorney Austin E. Smith is a Shareholder in Ogletree Deakins' Denver office. In addition to his litigation practice, which focuses on wage and hour, workplace safety, and traditional labor matters, Mr. Smith also focuses on helping employers avoid potential liabilities down the road. He regularly provides on-site training to employers regarding harassment and discrimination prevention, union avoidance, and workplace safety. A frequent speaker on issues affecting the employment relationship, Mr. Smith also conducts training for numerous employers, economic groups, professional organizations, and continuing legal education seminars across the country.
Fair Labor Standards Act Guide Executive Employee Exemption not less than [minimum wage x 40 hours] per week exclusive of board, lodging or other facilities, AND Primary duty is management of the enterprise
THE ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS 2015 EMPLOYMENT LAW UPDATE SEMINAR Pay Issues Affecting Exempt (and Non-Exempt) Employees P R E S E N T E D B Y T h o m a s B. W i e s e r INTRODUCTION The
PIMA COUNTY, ARIZONA BOARD OF SUPERVISORS POLICY D 23.17 1 of 6 Background It is the policy of the Board of Supervisors that all of its managers and supervisors are versed in the requirements of the Fair
Wage & Hour Exempt Employees, the Salary Basis Test and Unlawful Deductions By: Christina Lewis Exemptions under the FLSA Executive Employees Administrative Employees Professional Employees Computer Employees
Spring 2005 BY JEFFREY A. DRETLER WHAT EMPLOYERS NEED TO KNOW ABOUT RECENT CHANGES TO THE FLSA REGULATIONS On April 20, 2004, the U.S. Department of Labor (DOL) announced changes to the white collar exemptions
FLSA : is not an acronym for Fairly Long Standing Agony The FAIR LABOR STANDARDS ACT Presented by: Jane Allen Fall 2008 Objectives Three Sessions Session I Overview of FLSA Hours Worked Session II Overtime
FAIR LABOR STANDARDS ACT UPDATE: The Fair Pay Rules Matthew Scott Disbrow, Esq. I. THE FAIR LABOR STANDARDS ACT The United States Congress passed the Fair Labor Standards Act, 29 U.S.C. 210, et. seq. (
EXEMPT VS. NON-EXEMPT Identifying Employee Classification Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In
The Fair Labor Standards Act and the Connecticut Wage and Hour Law: Executive, Administrative and Professional Exemptions Fair Labor Standards Act Federal Minimum Wage: $7.25/hour Connecticut Minimum Wage:
California State University Office of the Chancellor The Fair Labor Standards Act (FLSA): White Collar Exemption Guidelines Human Resources Administration 2004 The FLSA and White Collar Exemption Guidelines
Published on e-li (https://ctas-eli.ctas.tennessee.edu) June 29, 2016 Executive, Administrative and Professional Exemptions Dear Reader: The following document was created from the CTAS electronic library
Understanding Exemptions Under the FLSA Introduction The Fair Labor Standards Act (FLSA) was passed in 1938. It set standards for child labor, minimum wage and overtime pay. Since the passage of the Equal
Common Payroll Pitfalls Presented by: Christopher Brown, SPHR January 25, 2012 1 Who is an Employee An employer-employee relationship generally exists if the person contracting for services has the right
Wage and Hour Division United States Department of Labor Small Entity Compliance Guide to the Fair Labor Standards Act s White Collar Exemptions > For more information visit www.dol.gov/whd The Department
February 21, 2007 Communications Broadcast Advisory A Broadcaster s Guide to the Fair Labor Standards Act by Julia E. Judish and Ellen C. Cohen The Fair Labor Standards Act (the FLSA ) is the federal law
City of Minneapolis Fair Labor Standards Act Procedures for Exempt Employees (Link to Policy) Applies to: All employees classified as exempt as defined by the Fair Labor Standards Act (FLSA). These procedures
SUMMARY OF FINAL RULE CONCERNING FLSA WHITE COLLAR EXEMPTIONS By: Gregory P. Kult 1 April 30, 2004 The federal Fair Labor Standards Act (FLSA) requires covered employers to pay employees at least the federal
Exempt or Not Exempt? The Fair Labor Standards Act (FLSA) Background and Purpose The Fair Labor Standards Act (FLSA) is a U.S. Federal Law enacted in 1938 to prohibit employers from taking advantage of
HOT GOODS AND FAIR LABOR STANDARDS ACT COMPLIANCE TEXAS WINE AND GRAPE GROWERS ASSOCIATION ANNUAL CONVENTION--FEBRUARY 19, 2015 Presented by: Ann Abrams Price, Esq. Boulette Golden & Marin firstname.lastname@example.org
Information I n f o r m a t i o n Bulletin B u l l e t i #1 n # 5 HR National Association of Community Health Centers, Inc HUMAN RESOURCES SERIES For more information please contact Jacqueline C. Leifer,
Executive Exemption Worksheet This position is paid on a salary basis. This position receives a guaranteed salary of at least $455 each week. The primary duty of this position is management of the enterprise
Are You My Employee? Proper Classification of Exempt Employees and Independent Contractors Elizabeth Wells Skaggs and Richard A. Hooker January 19, 2012 Important Notice: This presentation has been prepared
On April 20, 2004, in an attempt to better accommodate the realities of the modern workplace, the United States Department of Labor ( DOL ) published regulations changing the standards governing whether
Page 1 of 10 EXEMPTION OF EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND COMPUTER EMPLOYEES UNDER THE FLSA The exempt or non-exempt status of any particular employee must be determined on the basis of whether
A publication of Hunter Business Law Copyright 2016 Overtime Pay Compliance for a New Era of Employment Law: Effective Strategies and Planning Tools for Employers A GUIDE TO EMPLOYMENT COMPLIANCE 119 S.
FLSA AND WAGE PAYMENT EMPLOYMENT LAW CERTIFICATE SERIES: BUILDING WORKPLACES THAT WIN 12 AUGUST 2015 David Dubberly* and Jimmy Byars *Specialist in Employment and Labor Law email@example.com firstname.lastname@example.org
The Fair Labor Standards Act The New Federal Overtime Rules For the first time in decades, the U.S. Department of Labor has significantly changed the rules regarding overtime pay for millions of workers
Compensation Basics For Managers and Supervisors Truths About Compensation Truth #1: Compensation management is more of an art than a science. 2 Truths About Compensation Many elements influence pay decisions
OH, NO! IT S WAGE AND HOUR! UNDERSTANDING WHO IS EXEMPT AND NON-EXEMPT by Scott Warrick, JD, MLHR, SPHR I. EXECUTIVE EXEMPTION A. Executive Exemption Short Test To qualify for the executive employee exemption,
DOL Proposed Changes to FLSA Overtime Rules Presented by: Mike Bourgon Mike Conroy Introduction On June 30, 2015, the United States Department of Labor (DOL) released proposed regulations that would modify
MCFADDEN, WHITE SPRATTLIN & DAVIS LLC Society of Human Resource Management Rome Chapter Monthly Meeting - May 12, 2015 How To Avoid Costly Wage and Hour Lawsuits and Agency Investigations By Nancy S. Sprattlin,
Make Job Descriptions ADA- Ready: California HR s How-To for Defining Essential Functions Presented by: Michelle Lee Flores and Tamara L. Devitt Fisher & Phillips LLP Monday, July 30, 2012 10:30 a.m. to
Copyright September 2009 All Rights Reserved Employment Learning Innovations, Inc. Atlanta, Georgia Audio will be broadcast through your speakers. If you cannot hear the audio, please check your speakers.
Stephen F. Austin STATE UNIVERSITY FLSA Exemption Test Worksheet Executive, Professional, Computer, and Administrative Exemption Tests Federal law provides that employees may be exempt from the overtime
Last Revision: Page 1 of 10 Introduction The Federal Fair Labor Standards Act (the Act ) was enacted by Congress to regulate such employment matters as hours of work, minimum wage, overtime compensation,
Overtime Exemptions and Misclassification Issues: Brewing Wage and Hour Violations Could Seriously Interrupt Your Craft Presented by: Megan Winter email@example.com 858-597-9622 Number One Mistake
4. EMPLOYMENT LAW KNOW There are five key areas of Employment Law for nonprofit to be aware of: 1. Minimum Wage & Overtime: Federal, State, and in some cases Local law regulates employers pay practices
Practical Advice for Classifying Employees Presented by Sandy Rappaport Mike Moye 106 Classifying Employees General General Presumption Federal Law Fair Labor Standards Act California Law Wage Orders Labor
Human Resources Decision-Making on Exempt/Non-Exempt Status A Resource for Department/Office Heads and Other Managers If you have any questions about these materials, please contact Human Resources DECISION-MAKING
Overview On September 6, 2011, the New Jersey Department of Labor and Workforce Development ( NJDOL ) repealed the existing state regulations regarding white collar overtime exemptions (the administrative,
Workers Compensation Issues/independent contractors and misclassification Most jobs are governed by the FLSA. Some are not. Some jobs are excluded from FLSA coverage by statute. Other jobs, while governed
Loan Officer Compensation Briefing October, 2010 POE Group, Inc. Management consulting firm established in 1997 Clients range from small firms to mid caps Areas of Expertise Total reward systems Executive
THE FAIR LABOR STANDARDS ACT: AN OVERVIEW MATERIALS BY: ALLISON SCHAFER, LEGAL COUNSEL/DIRECTOR OF POLICY PRESENTED BY: CHRISTINE SCHEEF, STAFF ATTORNEY NORTH CAROLINA SCHOOL BOARDS ASSOCIATION July 2013
Philadelphia Bar Association Small Business Committee CLE 2011-7283 Philadelphia Presentation Only Mon., Dec. 12, 2011 Handout: Top 5 H.R./Employment Issues for Small Businesses Submitted By: Stephanie
Strengthening the Link Between Pay & Performance Presented by: Mykkah Herner, MA, CCP Manager of Professional Services PayScale, Inc. Karaka Leslie Partnership Manager PayScale, Inc. Sponsored By: Wednesday,
NYSAIS April 20, 2011 Presented by Mark E. Brossman Scott A. Gold Adam J. Rivera Schulte Roth & Zabel LLP 212.756.2000 Governing Law Fair Labor Standards Act ( FLSA ) Federal wage and hour law that requires
Wage & Hour Issues in Today's A/E Industry Hosted By ACEC Washington September 5, 2012 David K. Eckberg & Kara R. Masters Skellenger Bender, P.S. firstname.lastname@example.org email@example.com
April 30, 2004 U.S. Department of Labor Announces New FairPay Rules The Fair Labor Standards Act of 1938 (FLSA) requires that employers pay certain employees overtime pay, at time and one-half the regular
WHITE PAPER A Wage and Hour Primer for Small Business Owners: Avoid Common Pitfalls of Employee Classification What makes someone an employee and not an independent contractor? Well-intentioned small business
03.602 Compensatory Leave and Overtime. 1. Purpose. To insure that staff members are compensated for overtime worked in accordance with the Fair Labor Standards Act of 1938, as amended, and the Texas Government
HOW IN-HOUSE COUNSEL CAN PREVENT SEXUAL HARASSMENT AND WAGE HOUR ISSUES FROM DAMAGING THE WORKPLACE Presented by: Robert Rosenthal, Esq. 3800 Howard Hughes Pkwy, Ste. 1400 Las Vegas, NV 89169 702.257-1483
WAGE AND HOUR FOR HEALTH CARE EMPLOYERS 30 COMMON QUESTIONS Note: This article directed toward health care employers. Although much of it will be of interest to other employers as well, its application
FLSA EXEMPTIONS FLOW CHART This flow chart serves as a basic outline for an initial analysis of positions being considered for exemption under the FLSA and is meant to serve as one of several tools for
Policies of the University of North Texas Chapter 5 1.4.2 Compensatory Leave and Overtime Human Resources Policy Statement. To insure that staff members are compensated for overtime worked in accordance
December 16, 2005 FLSA2005-54 Dear Name* : This is in response to your request for a formal opinion on the application of Section 13(a)(1) of the Fair Labor Standards Act (FLSA) to several paralegals employed
Wage and Hour: Staying on the Right Side of the DOL Sage HR R&R: Refresh and Recertify Webcast Series Your Presenter for Today Mary Anne Osborne, SPHR The Osborne Group Over 25 years of HR experience in
HR Challenges Facing Small Business Owners In my experience working with small businesses, I find that they usually spend countless hours searching the internet for answers to their HR problems. This is
STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES EMPLOYMENT STANDARDS TITLE: OVERTIME NUMBER: ES.A.8.1 REPLACES: ES-013 CHAPTER: RCW 49.46.130 ISSUED: 1/2/2002 WAC 296-126 and WAC 296-128 REVISED:
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Denver, Colorado 80202-2117 MEMORANDUM Effective Date: 07/06/89 Supersedes: Revision Date: Director's Approval (Date): Under Revision: Document
The New Federal Overtime Exemptions 1 Employment Roundtable By Stacey Mark Chair, Labor & Employment Group and Chair, Sustainable Practice Advisory Group June 17, 2004 On April 23, 2004, the U.S. Department
The Top Three FLSA Violations and How to Avoid Them Vicki M. Lambert, CPP Introduction The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for administering and enforcing some
THE SEMINAR GROUP 4th Annual Labor & Employment Law Conference SMALL BUSINESS AND START-UP LABOR & EMPLOYMENT ISSUES PART II: Common Traps for the Unwary Presented by: Chrys A. Martin DAVIS WRIGHT TREMAINE
Executive Exemption Salary $155/week $250/week $425/week Duties duty is managing his/her enterprise or a regular department thereof; Employee regularly directs two or more other employees; Employee manages
ANTITRUST APPELLATE BANKRUPTCY, RESTRUCTURINGS & CREDITORS RIGHTS BUSINESS CASUALTY CIVIL RIGHTS CLASS ACTION COAL AND NATURAL GAS CONDEMNATION, LAND USE AND WATER RIGHTS CONSTRUCTION CONSUMER FINANCIAL
Investigating Workers Compensation Claims and Complying with Wage and Hour Law Noel C. Shepard 614-559-7223 firstname.lastname@example.org Adam R. Hanley 614-559-7238 email@example.com Investigating Workers Compensation
Wage and Hour Employment Law Update Presented by: Jack Lord (407.244.3246, firstname.lastname@example.org) Christi Adams (407.244.3235, email@example.com) Overview of the Program Historical Perspective Recent FLSA Regulations
At-will employment is a fundamental principal of US employment: Most US employees are employed at-will meaning that an employee can leave his or her employment at any time without notice, for any reason
AUGUST 26, 2005 Plaintiff s Lawyers Bullish On Merrill Lynch: Brokerage Firm Agrees To Pay $37 Million To Settle Overtime Claims By Stockbroker By Dale A. Hudson In a settlement that may well be a harbinger
News from the Wage Hour Front: FLSA Developments and Colorado s Wage Protection Act Andy Volin 303.299.8268 firstname.lastname@example.org Two Areas: Federal & State Federal Fair Labor Standards Act (FLSA) Establishes
TEXAS BUSINESS CONFERENCE Update on Recent Trends in Employment Law Michael Holland Holland & Holland, LLC 1250 N. E. Loop 410, Suite 808 San Antonio, Texas 78209 (210) 824-8282 (210) 824-8585 facsimile
Strategy & Insights Energy Employment Law Group Guidance For Employers In The Energy Industry To Avoid Common Wage & Hour Traps Through aggressive investigation and enforcement initiatives, the Department
Equal Rights Division Labor Standards Bureau What is meant by salary? Salary is a regularly paid amount of money, constituting all or part of an employee s wages, paid on a weekly or less frequent basis,
FLSA Exemption Changes: The Proposed Rules Are Coming Squire Patton Boggs Webinar Series Jill S. Kirila, Partner email@example.com 614.365.2772 Jeffrey L. Turner, Partner firstname.lastname@example.org
Return To Work Programs Save Money Presenters: Andrea Hiltbrunner, Claims Director, Everest National Ins. Co. email@example.com Ronald Adler, President-CEO Laurdan Associates, Inc. firstname.lastname@example.org
FLSA Compliance: Exempt vs. Non-Exempt Classification Audit **FEDERAL** State exemption tests may vary. When state laws differ, employers must follow the rules that most favor the employee. Please call
U.S. Office of Personnel Management Office of Merit Systems Oversight and Effectiveness Classification Appeal and FLSA Programs San Francisco Oversight Division 120 Howard Street, Room 760 San Francisco,