The Fair Labor Standards Act established a general minimum hourly wage for those employees who are within its coverage and not exempt from its requirements. The FLSA must always be considered in relation to state and local laws. These laws may provide for greater rights for employees. As a general rule, whichever law is stricter (for the employer) is the one that must be complied with.
The FLSA’s "white collar" exemptions specify that executive, administrative, professional, computer employees, and outside sales are exempted from the minimum wage and overtime pay laws of the Act. To make sure that they employees are exempted, they must satisfy a two-prong test: The first prong talks in relation to their primary job duties, while the second is related to the minimum amount of salary they earn. In August 2004, the USDOL revised the Federal overtime "white collar" exemptions for executive, administrative, professional and outside sales employees.
This session by expert speaker Mark Tabakman will help you learn the basic principles informing each of the four major categories of white collar exemptions and also understand the issue of "primary duty" and how that impacts the exemption issue. You will learn the role a "salary" plays and how employers can be found to have wrongly misclassified workers, notwithstanding their performance of exempt duties, if not properly paid. Nowadays, there has been a dramatic increase in class action lawsuits as well as DOL inspections, most of which are started by a single employee, many of them focusing on misclassification of (usually) an entire group of employees. If there are employees doing the same kind of work as the single employee, the scope of inquiry and possible exposure will rise almost geometrically. On allegations involving misclassification, the burden always remains on the defendant, i.e. employer to justify the exemption so the initial classification decision, usually made at time of hire, looms large in determining the future exposure or lack thereof by the Company.
Maybe an employer does not need to know all the legal nuances involved in these matters, but the conference 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. You will be able to analyze problem areas and suggest proactive, strategic protocols and policies to address these issues. Get practical advice accompanied by just enough legalities analysis to ensure that you will be able to spot problem issues/areas and how to fix them.
The session will also include a PowerPoint presentation that is a virtual "law book" but written in understandable English to provide employers and HR professionals with a basic understanding of what the flashpoint issues are, and when they may become presenting problems.
Who Should Attend
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