The Fair Labor Standards Act provides for a number of exemptions to the overtime and minimum wage standards. This webinar discusses the requirements for the “white collar” exemptions for executive, administrative, and professional employees and the facts that must be established in asserting the exemption including the salary basis of payment, the employee’s primary duty, and that the employee regularly and customarily performs the primary duty.
The Department of Labor has proposed new rules for exempt employees. The new rules are expected to increase the minimum salary threshold for exempt employees and revise the duties tests for classification of employees as exempt from the overtime requirements of the Fair Labors Standards Act.
Description
This session will review the current Department of Labor regulations as they apply to the white collar exemptions to the minimum wage and overtime requirement of the Fair Labor Standards Act (FLSA). The tests for exemption are the salary basis test, minimum salary requirement, and the duties tests. These tests have changed over the years and are complex and can be confusing. In addition, there are strict record keeping requirements and salary integrity requirements to prevent disqualification of the exemption. The webinar will also describe proposed changes to the rules and how employers can prepare for the changes.
Both the federal Department of Labor and State Wage and Hour agencies are engaged in enforcement initiatives concerned with misclassification of employees as exempt from the Fair Labor Standards Act overtime requirements. Employers are often confused as to which exemptions may apply to a particular employee.
Why attend?
Making sure that employees are properly classified as exempt or non-exempt can be a daunting task. Misclassification of employees as exempt can be costly in terms of penalties and back pay awards for overtime compensation. This session will discuss the ways that employers can stay compliant as well as some of the ways employers have found themselves in trouble.
In this session you will learn how to determine whether an employee qualifies for exemption from the FLSA minimum wage and overtime requirements. How to handle certain employee absences from work, including FLSA intermittent leave, use of paid time off for part day absences, and employer actions that can lead to disqualification.
After attending this session you should be able to:
- Distinguish between the various types of exemptions.
- Identify whether specific work activities support exempt status or nonexempt status
- Know the common misconceptions about exempt status, job titles, and salary basis
- Understand proper application of the federal salary basis test.
- Identify employer actions that defeat exemption
- Identify exceptions to the salary basis rules
- Explain why time records for exempt employees matter
Areas Covered
- The executive, administrative, professional, and selected other exemptions
- The requirements for exemption: the salary basis, salary amount, and duties tests
- The differences in the various types of exemptions.
- Work activities that support exempt status and those that indicate nonexempt status
- Common misconceptions about exempt status, job titles, and salary basis
- Proper application of the federal salary basis test.
- Employer actions that defeat exemption
- Exceptions to the salary basis and salary amount rules
- Why time records matter
- Treatment of certain employee absences from work such as FLSA intermittent leave and use of paid time off for part day absences
- Employer actions that can lead to exemption disqualification.
Certification:
Pedu is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please portal.shrm.org.
This Program has been approved for 1.5 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).
Who should attend
- Payroll Supervisors and Personnel
- Payroll Consultants and Service Providers
- Public Accountants and Enrolled Agents
- Internal Auditors
- Employee Benefits Administrators
- Officers and Managers with Payroll or Tax Compliance Oversight
- Company / Business Owners
- Managers/ Supervisors
- Public Agency Managers
- Audit and Compliance Personnel / Risk Managers
Patrick A Haggerty, EA
