Though the lower prices at the pump is a good news to automobile drivers, the recent drop in oil prices could be a trigger to increase Fair Labor Standard Act (“FLSA”) suits against energy sector employees. In cases of an oil drop, oil and gas companies cut costs by cutting overtime back or by laying-off workers. These measures might be helpful for companies at the downturn period, but can also be a catalyst in FLSA claims as laid-off workers turn to courts in seeking redress for being allegedly compensated in an improper manner.
All kind of employment cases might not be at risk by lower/falling oil prices, but wage-hour suits are those employment low cases that increase dramatically in cases of price fluctuations. This happens as oil companies, or most energy-sector businesses in question, rely heavily on the contractors working independently in conduct important duties like transportation, logistics and maintenance. If you’re to rely heavily about such important activities on independent contractors, your organization might misclassify the worker as non-employee, while FLSA might consider them as employees.
Laying off workforce might sound like an attractive choice when oil process fall, especially if your organization is a small oil producer and field service company. However, on the other side, it might very well rise chances of number of enterprising plaintiff side wage hour attorneys to file suit against small/mid-level employers. Regardless, it is imperative for energy sector business to be aware of misclassifying employees as independent contractors. The best thing your company can do to prevent wage-hour lawsuits is conduct internal audits of all its compensation practices, and while doing so, focus especially on classification and exemption issues. Proactive strategy is not unpredictable, however unpredictable oil prices might be.
This session by expert speaker Mark E. Tabakman is going to cover FLSA regulation revisions. The ‘White Collar’ exemptions of FLSA specify that administrative, executive, administrative, outside sales and computer employees are exempted from overtime pay and minimum wage laws of the Act. A two-prong test must be carried out for employees who are to be considered exempt, they are: first prong related to primary job duties, second prong related to their minimum salary amount. An employer may not require to know about all the legal nuances involved in these matters, but the webinar is equipped to explain the ‘art’ of recognizing such issues (and exposures) and you will understand how they can be rectified before the beginning of real trouble. The webinar will analyze these problem areas and suggest various strategies protocols and steps/policies to address these issues.
Also, the session will provide PPTs that are virtual ‘law books’ albeit written in understandable English, providing employees and professionals an understanding of the flashpoint issues and when they can become presenting problems.
Who Should Attend
At the Q&A session following the live event, ask a question and get a direct response from our knowledgeable speaker.
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