Understand common minimum wage and overtime issues and compliance traps.
Minimum wage and overtime pay obligations continue to present significant challenges for employers of all sizes and workforces and have spawned hundreds of class and collective actions in recent years. Often, these claims stem from gaps between the realities of the modern workplace and existing law, or simple calculation errors that result in six, seven, or even eight-figure damages and settlements. Further complicating matters, both federal and state laws with respect to minimum wage and overtime obligations have changed significantly in recent years. This topic helps employers, human resources professionals, and employment litigators better understand common minimum wage and overtime issues, as well as pitfalls and compliance traps that have resulted in litigation in recent years. The topic will unpack what types of work are (or are not) compensable and discuss how the modern work environment and technological advancements may have resulted in greater risks of claims of uncompensated time. In addition, the webinar will provide guidance regarding commonly litigated issues with the calculation of overtime, including issues stemming from bonuses, commissions, other forms of incentive compensation, and/or varying rates of pay. Connectedly, the webinar will examine the evolving overtime and minimum wage exemptions in the post-COVID-19 world and explore ways for employers to avoid misclassification claims. In whole, the material will provide practical details on how employers with diverse and diffuse workforces can comply with increasingly complex federal and state wage and hour laws.
Learning Objectives
- You will be able to define compensable work time under both the FLSA and state laws.
- You will be able to discuss the types of compensation and/or benefits that should be included in the regular rate calculation for overtime purposes, as well as those forms of pay that can be excluded (or even credited against
- You will be able to identify groups or categories of employees whose classification as exempt should be reexamined to avoid potential overtime claims.
- You will be able to recognize common pitfalls in the overtime pay calculation that often lead to litigation on a class or collective basis.
Agenda
Speakers
Philippe A. Lebel,
Proskauer Rose, LLP- Senior Counsel, Proskauer Rose, LLP (Los Angeles)
- Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, defamation, and breach of contract litigation, in both the single-plaintiff and class-, collective- and representative-action context; in particular, he has experience litigating complex class and representative actions involving allegations relating to final pay obligations
- Devotes a substantial portion of his practice to counseling employers on compliance with wage and hour laws, including final pay issues, and has assisted employers with payroll audits that seek to identify and address issues relating to payroll compliance, including final pay calculation, timing, and methods of payment
- Regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily Journal, The Hollywood Reporter, Business Insurance, and SHRM.org regarding a variety of employment law topics
- Recognized by Chambers USA in 2021 and was selected by Best Lawyers in America as among its Ones to Watch in both 2021 and 2022
- Can be contacted at 310-284-4558, Plebel@proskauer.com, or www.proskauer.com/professionals/philippe-lebel
P. Kramer Rice,
Proskauer Rose LLP- Associate, Proskauer Rose LLP (New York)
- Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, and restrict covenant litigation, in the single-plaintiff and class-, collective- and/or representative-action contexts in state and federal courts and before administrative agencies
- Experience litigating complex class and/or collective actions involving allegations relating to pay equity, the payment of minimum and overtime wages based on the regular rates of pay, and alleged employee misclassifications
- Counsels employers on compliance with wage and hour laws according to local and federal laws and regulations as well as employment and labor contracts, including but not limited to issues involving incentive and commission-based compensation.
- Assists employers with regional and national wage and hour audits
- Speaks regularly on emerging issues for employers
- Has been recognized by Best Lawyers in America
- Admitted in both New York and Texas
Who Should Attend
This live webinar is designed for human resource managers, payroll professionals, benefits administrators, bookkeepers, business owners and managers, CFOs, controllers and attorneys.
