Complying with FLSA - How to Determine Exempt Status and Calculate Overtime Correctly

Rose Miller

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Private plaintiff attorneys have filing multitudes of FLSA cases against employers, and it is not just about mis classification issues. Employers make impermissible deductions from wages, don’t count all hours worked in determining overtime due, and simply don’t do the calculations correctly. The Department of Labor is on the band wagon too with a budget of over $350 billion. As Labor Secretary Hilda Solis said, “There’s a new sheriff in town.” Suits under the FLSA rarely involve just one individual – the DOL and private attorneys almost always are targeting mistakes that affect a large number of employees and will bring either a class or collective action. There is no other way to look at it – FLSA suits are on the rise, and they are expensive!

Course Outline

  • The most common exemptions under the Fair Labor Standards Act and how to define them:  Executive, Professional, Administrative, Computer Professional, and Outside Sales.
  • What it means to be paid on a “salary basis” for determining exempt status?
  • What measures you can take if you have made impermissible deductions from an individual’s salary. 
  • Why you may want to consider requiring even exempt personnel to report hours worked. 
  • Anticipated regulatory changes and what you should be doing now.
  • What is working time?
  • Calculating overtime correctly
  • How does the fluctuating workweek work? 
  • 7(k) exemptions
  • 8/80 exemption

Target Audience

  • Human Resource Managers
  • Compliance Managers
  • RiskManagers
  • In House Counsel

Webinar Events
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Training CD-USB

Physical CD-USB of recorded session will be despatched after 72 hrs on completion of payment

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Recorded video

Recorded video session

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Speaker: Rose Miller, HR audits, policy creation, employee handbooks, talent

Rose Miller is President of Pinnacle Human Resources, LLC. Pinnacle Human Resources is a NYS and Nationally certified Women Owned Business Enterprise. Her company is located in Albany and Syracuse, New York. Rose has been a Human Resources profession for more than 20 years. She and her team of 12 HR experts provide HR solutions to businesses of every size. They provide strategic and tactical support such as HR audits, policy creation, employee handbooks, talent acquisition services, performance solutions, HRIS solutions, compensation systems and training. Rose holds a Bachelors of Science degree in Organizational Behavior from Lesley University, and received her Senior Professional of Human Resources (SPHR) certification from the Human Resources Certification Institute in Princeton, NJ. Rose holds board positions on several non-for-profit organizations and is a monthly columnist for the Albany Times Union, a Hearst publication.

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