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Uncertainty Over Federal Overtime Regs and White Collar Exemptions Under the FLSA: What Employers Should Be Doing Now (HRM879H)

Presented by: Mark Tabakman
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Pre Recorded Webinar
90 minutes
  •  Wed, August 9, 2017
Event Description
1.5 PDC - AudioSolutionz is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM
1.5 Credit

Learn the “Art” Of Recognizing Issues Involving Overtime Pay and Employee Classification and How to Rectify Them

The U.S. Department of Labor dropped a bombshell on employers in May 2016 when it issued final regulations under the Fair Labor Standards Act (FLSA), the federal law that governs which employees are exempt from minimum wage and overtime pay laws. Employers scrambled to comply with the December 2016 deadline to pay full-time executive, administrative, professional, outside sales and computer employees at least $913 per week - double the current requirement - in order to keep them exempt from overtime pay requirements.

The situation became even more complicated after lawsuits were filed to enjoin implementation of the rules, and were successful – the rules are currently on hold. The Trump administration has been less than quick to respond to the suits, seeming to leave the impression that the final regulations may never make it out of court or may ultimately be struck down. As the issue works its way through the courts, employers – many of which have already changed their pay structures – have struggled with what to do next.

Adding yet another wrinkle to the issue, the FLSA must always be considered in relation to state and local overtime pay laws that may even provide for greater rights for employees. As a general rule, the law that provides more protection for employees is the one that employers must comply with. But that’s not all: There is also a proposed federal compensatory time bill working its way through Congress that could have a major effect on employers if it’s passed. What’s an employer to do in the midst of all this uncertainty?

In this webinar expert speaker Mark Tabakman will explore the FLSA’s “white collar” exemptions and the federal two-prong test that examines primary job duties and the minimum amounts of salary that exempt employees earn. You will learn about the proposals that DOL has made to the duties component of the regulations, as well as how to adapt their pay and classification practices to the realities of modern day business. The webinar will also address the latest developments concerning the federal overtime regulations litigation and what employers need to be ready to do in case the injunction is lifted. Mark will also review what has been proposed in Congress regarding compensatory time, and the chances that bill has for passage.

This session will teach employers the “art” of recognizing when issues involving overtime pay and employee classification (and possible exposures to risk) 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. You will get practical advice accompanied by just enough legal analysis to ensure that you will be able to spot problem issues/areas and how to fix them. You’ll learn what to do while the DOL and employers continue litigating the federal overtime regulations and how to prepare for the next steps.

Session Highlights

  • Elements of the exemptions
  • The DOL’s proposed overtime regulations
  • Background on the FLSA
  • Current state of the law
  • The Compensatory Time Law 
  • Class action trigger points
  • New cases and litigation updates

Key Takeaways

Mark’s PowerPoint presentation is a virtual employment law book written in understandable English that will provide employers and HR professionals with a basic understanding of what the flashpoint issues are and how to keep them from presenting problems.

Who Should Attend

  • Business owners
  • HR professionals
  • In-house counsel
  • Upper management
  • Operations supervisors and 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: Uncertainty Over Federal Overtime Regs and White Collar Exemptions Under the FLSA: What Employers Should Be Doing Now
    Presenter(s): Mark Tabakman

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