Learn strategies on effective compliance with wage and hour requirements.
Wage and hour violations continue to occupy a large portion of the enforcement agenda of the United States Department of Labor. In past years, investigations have resulted in the issuance of findings that employers have failed to comply with federal wage and hour laws to the tune of $74 million in back wages for more than 102,000 workers. Because such high costs of noncompliance can also include significant interest and penalty/fine assessments, employers must be in their compliance efforts to avoid federal and state wage and hour compliance audits. This topic will provide strategies on effective compliance with wage and hour requirements, discuss how employers can stay on top of compliance issues with occasional self-audits of their operations, and provide other practical suggestions on how best to ensure that your payroll practices continue to meet all wage and hour requirements at both the federal and state levels.
Learning Objectives
- You will be able to explain the difference between an exempt versus a nonexempt employee.
- You will be able to define what an employee versus an independent contractor is.
- You will be able to identify the telltale signs of possible misclassification of your employees.
- You will be able to discuss the most effective ways of conducting a self-audit to avoid possible wage and hour compliance problems.
Agenda
Creating Fair Labor Standards Act Compliance Strategies
- Determining Employee vs. Independent Contractor Status
- Proving Exempt vs. Nonexempt Status to Prevent Misclassification Claims
- Avoiding Overtime Compliance Allegations and Preventing Off-the-clock Claims
Conducting Your Own Internal Wage and Hour Audit
- Things to Look for While Doing Your Self-Audit
- Questions to Ask During Your Self-Audit
- Strategies for Addressing Possible Existing Wage and Hour Violations
- Settling Back Pay Claims and Allegations
Wage and Hour Law Update
- Recent Supreme Court Decisions on What Time Is Compensable for Employees
- Upcoming Changes to Salary Test for Determining Exempt vs. Nonexempt Status
- The Joint Employer Trend and Its Use as an Enforcement Tool for the U.S. Department of Labor
Speakers
Ralph R. Smith, 3rd, Esq.,
Capehart & Scatchard, P.A.- Shareholder and co-chair of the Labor and Employment Department of the law firm of Capehart & Scatchard, P.A.
- Concentrates practice in the areas of labor and employment law, and complex commercial litigation
- Represents companies in all kinds of labor and employment-related litigation in the federal and state courts of New Jersey and Pennsylvania
- Regularly counsels clients on issues of compliance with both federal and state employment laws, including those that impact the area of employee background checks and dealing with arrested employees
- Lectures widely and writes frequently in the field of labor and employment law
- Has lectured at many Lorman Education Services seminars
- Served as an adjunct professor at The Widener University Graduate School of Business, teaching labor and employment law
- Member of the New Jersey Federal Bar Association; the New Jersey State Bar Association; the Historical Society of the U.S. District Court for the District of New Jersey; and the Camden County Bar Association, Labor and Employment Committee
- Former barrister instructor for the Camden County Inns of Court; former board member and legislative chair of the Society of Human Resource Management, Philadelphia Chapter; and a qualified mediator for the New Jersey Superior Court
- J.D. degree, cum laude, Temple University School of Law; B.A. degree, magna cum laude, Temple University
- Can be contacted at 856-914-2079 or rsmith@capehart.com
Who Should Attend
This live webinar is designed for payroll professionals, human resource and personnel managers, benefits professionals, accountants, CFOs, business owners and managers, controllers, bookkeepers, and attorneys.
