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Do Lower Oil Prices Signal A New Wave Of FLSA Actions In The Energy Industry? (EGYN51U)

Presented by: Mark Tabakman
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Pre Recorded Webinar
90 minutes
Event Description
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Learn How to Avoid the Potential Risks of FLSA Lawsuits While Laying-Off Workers During the Oil Price Downturn

The recent cut in oil prices is good news for automobile drivers and the transportation industry, but may foretell trouble for the energy industry by triggering an increase in the rate of Fair Labor Standard Act ("FLSA") suits against energy-sector employers. Gas and oil companies often lay-off workers to cut down on costs and weather the downturn brought by drop in oil prices. But this has a downside - laid-off workers often turn to court to seek redress alleging improper compensation leading to a surge of FLSA claims.

Falling/lower oil prices may not affect all employment class; however, the wage-hour suits are the types of employment law cases that rise rapidly during price fluctuations because energy-sector businesses, especially oil companies, are heavily dependent on independent contractors to conduct essential activities such as logistics, transportation and maintenance. Since they rely heavily on independent contractors for essential activities, they may incorrectly classify the worker as non-employee, while they might be considered employees under the FLSA.

In the last nine months, there has been a dramatic increase in wage-hour lawsuits filed against energy employers, a period roughly coinciding with the fall in oil prices. Between November 2014- July 2015, there have been more than 90 reported FLSA suits filed against energy-sector employers.  In contrast, there were only approximately 45 FLSA suits filed in court against such employers during the same period in 2013-14. There are a number of decisions in this industry that evidence a disturbing trend as well as where areas of vulnerability remain.

This session by expert speaker Mark Tabakman, an employment law expert, will provide employers in the energy industry to avoid legal pitfalls (FLSA lawsuits from employees) during the oil price downturn. It will also cover the recent proposed revisions to the FLSA regulations in July, 2015. Additionally, Mark will discuss at length about the FLSA white collar exemptions, which exclude certain classes of employees - like administrative, professional and executive personnel - from minimum wage and overtime pay laws. Topics such as salary threshold and duties component of the proposed FLSA regulations will also be reviewed.

Though an employer is not expected to be thorough in all the legal nuances, this webinar will teach you the "art" of recognizing when such issues (and possible exposures) may be present and how they can be rectified before real trouble arises. Mark will analyze problem areas and suggest proactive, strategic protocols and policies to address these issues.

Plus, you'll be provided with supporting material which will act as a virtual legal resource, containing the provisions written in lucid and simple language, making it indispensable for employers and HR professionals to gain an overview of the potential legal concerns and when they might become pressing issues.

Session Highlights:

  • What About The New Wave of  FLSA Lawsuits in the Energy Industry
  • The Most Prevalent Types of Energy Industry Cases
  • Class Action Trigger Points
  • How Prevention Is The Best Cure
  • The New Salary Basis Test
  • Use of Bonuses in Reaching Salary Threshold
  • Should the "Discretion and Independent Judgment" Element Be Eliminated?
  • How To Evaluate What The Changes May Mean To Your Company

Who should attend?

  • Business Owners
  • HR Professionals
  • In-House Counsel
  • Upper Management
  • Operations supervisors/managers.
About Our Speaker(s)

Mark Tabakman | Employment Laws SpeakerMark Tabakman
Mark is a labor and employment lawyer at Fox Rothschild, LLP who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions... More info

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    Event Title: Do Lower Oil Prices Signal A New Wave Of FLSA Actions In The Energy Industry?
    Presenter(s): Mark Tabakman

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