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

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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

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