Wage and Hour Law Under the FLSA


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The Fair Labor Standards Act (FLSA) applies to virtually all public and private employers, and is chock- full of rules about everything from the minimum wage to overtime pay. Along with these rules come exceptions and exemptions, and myriad expectations as to what wages must be paid and how. In short, the FLSA has and continues to be a source of great confusion to many employers. But ignoring it does not make it go away.

The United States Department of Labor (USDOL) is taking an increasingly active role in ensuring compliance with all aspects of the FLSA, including proper classification of workers as either independent contractors or employees, proper classification of employees as either exempt or non-exempt from minimum wage and overtime requirements and what constitutes compensable work time, to name just a few. What’s more, the United States Department of Labor over the last several years has begun to collaborate with some of their state counterparts. Why is that? The reason is because failure to properly classify and pay workers means less payroll withholding, which in turn means less revenue going to the federal (and state) government coffers.

The USDOL therefore has every incentive to crack down on FLSA violations, real and perceived. That is why you as an employer/manager/H.R. practitioner cannot afford to ignore or minimize their FLSA obligations.

Who will Benefit:

  • Business Owners
  • Managers
  • HR Representatives
  • HR Generalists
  • HR Assistants
  • Payroll Professionals
  • Chief Financial Officers
  • Controllers
  • Consultants
  • Managers
  • Supervisors, etc.

Topic Background:

Periodically, the Wage and Hour Division (WHD) of the Department of Labor (DOL) issues updates and new regulations that employers must comply with or face stiff penalties. It is every organization's responsibility to stay abreast of all pertinent information regarding FLSA laws and federally mandated compliance requirements.

During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime. Those classifications are commonly referred to as exempt employees (those who meet the FLSA’s requirements to be exempt from overtime pay) and non-exempt employees (employees the law requires to be paid overtime).

Can You Answer the questions below?

  1. What types of set standards and rules help classify nonexempt employees?
  2. Which employees are provided an exemption from minimum wage and overtime provisions?
  3. What criteria are used to properly determine if your 1099 workers are properly classified as or are really employees?
  4. When must you pay for time an employee spends “on-call”?
  5. How might you minimize the risk of employee claims that they worked “off the clock” and are therefore entitled to overtime pay?

All of the above questions and more will be answered in this information-packed program! Don’t put your company at risk!

The FLSA contains dozens of exemptions, which basically provide that specific categories of employers and employees aren’t subject to the Act’s overtime requirements. Most common are the “white-collar” exemptions for executive, administrative, and professional employees, computer professionals, and outside sales employees.

Many employers believe that if their employees agree to certain pay arrangements, or agree to be classified as independent contractors, then there is no violation of the law. This is not the case. Employees cannot agree to waive their rights under the Fair Labor Standards Act. For example, offering your employees time off or additional benefits in place of overtime pay is still an FLSA violation—even if your employees sign a written contract to that effect. The FLSA and only the FLSA determines the employer’s FLSA obligations. In fact, even when an employee willingly goes along with, or even requests, an illegal pay arrangement s/he can still sue the employer for FLSA violations and recover any back pay he is owed under the law, in addition to keeping the extra pay and benefits he already pocketed under the illegal compensation system, and additional amounts in liquidated damages. If that’s not enough you may also be on the hook for your employee’s legal fees!

Day 01(8:30 AM - 4:30 PM)
  • Day One (8:30 AM - 4:30 PM) - FLSA Classification Issues
  • 8:30 AM - 9:00 AM: 30 Min
    • Overview
      • What is the FLSA?
      • Minimum Wage
      • Overtime
      • Required Records
  • 9:00 AM - 9:45 AM: 45 Min
    • Classifications
      • Employee or Independent Contractor?
      • Definitions
        • Benefits
        • Risks
  • 9:45 AM - 10:30 AM: 45 Min
    • Tests
      • IRS Test
        • Right to Control
        • Economic Realities
  • 10:30 AM - 11:30 AM: 60 Min
    • Hybrid Test
    • ABC Test (NJ and MA)
    • Common themes
  • 11:30 AM - 12:00 PM: 30 Min
    • Cases
  • 12:00 PM - 1:00 PM: 30 Min - Lunch
  • 1:00 PM - 2:00 PM: 60 Min
    • Exempt v. Non-Exempt
      • Categories (e.g. Executive, Administrative)
  • 2:00 PM - 3:15 PM: 75 Min
    • Salary Basis Test
      • Safe Harbor Policy
      • Threshold
      • DOL Proposed Regulations
  • 3:15 PM - 4:30 PM: 75 Min
    • Duties Test
      • Job Titles and Descriptions
      • Job Evaluations, Supervisor and Employee Interviews
      • Discretion
      • Supervision
      • Authority
Day 02(8:30 AM - 4:30 PM)
  • Day Two (8:30 AM - 4:30 PM) - Rate, Pay, Work Time, Litigation, Best Practices
  • 8:30 AM - 9:00 AM: 30 Min
    • Pay Included in Regular Rate (e.g. lodging, meals, commissions, non-discretionary bonuses, sick leave bonuses, etc.)
  • 9:00 AM - 9:30 AM: 30 Min
    • Pay not included in Regular Rate (e.g. discretionary bonuses, overtime premiums, stock options)
  • 9:30 AM - 10:15 AM: 45 Min
    • Best Practices
  • 10:15 AM - 12:00 PM: 105 Min
    • Work Time – Hours Worked Under the FLSA
      • Off the Clock Time (Portal to Portal Act, de minimus time)
      • Waiting Time
      • On-Call Time
      • Rest Periods
      • Meal Breaks
  • 12:00 PM - 1:00 PM: 60 Min - Lunch
  • 1:00 PM - 2:00 PM: 60 Min
    • Sleeping Time/Other Activities
    • Time Worked At Home/Remotely
    • Lectures/Training
    • Travel
    • Donning and Doffing
  • 2:00 PM - 2:45 PM: 45 Min - Wage and Hour Litigation – Some Caveats
  • 2:45 PM - 3:30 PM: 45 Min - IRS and DOL Collaboration
  • 3:30 PM - 4:30 PM: 60 Min - Best Practices
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Speaker: Janette Levey Frisch,

Janette Levey Frisch, Founder of The EmpLAWyerologist Firm, is an Employment/HR attorney with over 20 years’ legal experience. Janette is the Legal Wellness Professional for your employment practices and workforce challenges. Janette works with employers like you to craft solid Employment Practices Wellness Plans tailored to address your company’s needs and concerns. Do you wish you could engage an employment law/HR expert—an “outsourced in-house counsel”-,- to solve small problems before they get big, before they escalate to a lawsuit or government audit, or maybe even avoid them altogether? Does that sound too good to be true? It isn't. That is what Janette Levey Frisch, and Employment/HR Attorney and Founder of The EmpLAWyerologist Firm does. Janette is available for consultations, and legal services on virtually all federal and NJ and NY state employment law issues. Janette is also available for training and public speaking engagements. Arrange for your complimentary consultation of up to 30 minutes by calling Janette at 732 -902-0728 or emailing her at theemplawyerologist@gmail.com.


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