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White Collar Exemptions Under the FLSA: Regulatory Update-What's To Come (HRM954B)

Presented by: Mark Tabakman
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Pre Recorded Webinar
90 minutes
  •  Thu, September 24, 2015
Event Description
1.5 Credits

Get Updated on Recent USDOL Initiative to Revise FLSA White Collar Exemption Regulations

The last time the Fair Labor Standards Act's "white collar" exemption's regulations were revised was in 2004. There is a recent USDOL initiative to dramatically raise the salary required for employer claims of exemption. The salary is proposed to rise to almost $1000 per week from the current $455 weekly. There will also be an escalator type factor incorporated, providing for (perhaps) annual increases in the salary threshold. Now, a "highly compensated employee" (i.e. exempt) need make $100,000 per annum; under the proposal that will be tied to inflation. The proposal also seeks comments/input on the duties test(s) and on the issue of whether nondiscretionary bonuses can be used to (help) meet the salary requirement (wherever it ends up).

The proposed regulations further indicate that the USDOL may want to include in the final version of the regulations some additional "examples" which will ostensibly guide businesses in determining how the exemptions should apply and the agency has asked for input on this issue. The business community must be very prudent about whether the insertion of examples is a good thing and may want to comment on this matter, one way or the other.

Employers also need to now start to look at what the analytical benchmarks will be. Put differently, for the purposes of planning for the future, it might be prudent to project and predict that the salary threshold will escalate steadily and will end up probably in the mid-50,000 range in the foreseeable future.

In this session, expert speaker Mark Tabakman will review and explore what proposals are made to the duties component of the regulations that adapts to the realities of modern day business. Though an employer does not need to know all the legal nuances, this webinar will teach 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.

Power Point presentation that is a virtual "law book" albeit written in understandable English that will provide employers and HR professionals with a basic understanding of what the flashpoint issues are and when they may become presenting problems. You will get practical advice accompanied by just enough legalities analysis to ensure that they will be able to spot problem issues/areas and how to fix them.

Session Highlights:

  • 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.
  • Submission of Comments?

Who Should Attend

Business Owners, HR Professionals, In-House Counsel, Upper Management, operations supervisors/managers, Payroll Professionals

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: White Collar Exemptions Under the FLSA: Regulatory Update-What's To Come
    Presenter(s): Mark Tabakman

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