Learn how to handle complex issues and avoid costly mistakes.
Once exempt under the Fair Labor Standards Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken, or not taken, by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime. This topic is designed to help you identify issues which jeopardize exempt status and correct them; and to address certain myths regarding what you can and cannot do. Topics to be covered will include payment on a salary basis, permissible and impermissible deductions from salary, supplementing salary with additional payments, reducing salaries or hours, required use of paid time off, performing nonexempt work and more. Identify and resolve thorny problems that jeopardize exempt status
Learning Objectives
- You will be able to discuss minimum wage and overtime obligations.
- You will be able to identify mistakes employers make that jeopardize exempt status.
- You will be able to explain deduction procedures.
- You will be able to review safe harbor provisions.
Agenda
Overview of Fair Labor Standards Act and State Laws
- Minimum Wage and Overtime Obligations
- Exemptions, Including Duties, Minimum Salary, and Salary Basis Requirements
Mistakes and Myths Regarding Employer Actions That May Jeopardize Exempt Status
- Deductions From Pay for Absences From Work
- Partial Day Deductions vs. Full Day Deductions
- Additional Duties
- Pay or Compensation in Addition to Salary
- Substitution of Paid Leave
- Recordkeeping
- Periodic Reductions in Pay and Hours
- Furloughs
- Payment of Fees in Lieu of Salary
- Recoupment of Overpayments or Charges for Damages to Company Property
Best Practices for Avoiding Mistakes
- Deduction Procedures
- Safe Harbor Provisions
Speakers
Patrick M. Madden,
K&L Gates LLP- Partner and former co-chair of the Labor and Employment and Class Action Practice Groups at K&L Gates LLP
- Advises employers on wage and hour payment and compliance and compensation plan design
- Assists employers responding to agency investigations, and represents employers in wage and hour, discrimination, and other employment lawsuits at the state and federal levels
- Worked on hundreds of state, regional and national wage and hour class actions, including lawsuits involving wage calculation and payment issues, entitlement to overtime and benefits, off-the-clock claims, challenges to exempt status and claims to employee status
- Listed as a top labor and employment attorney in The Best Lawyers in America and Chambers USA: America’s Leading Lawyers for Business, a super lawyer in Washington Law & Politics, a Washington State litigation star by Benchmark Litigation, and a leading employment lawyer in Seattle Business and Seattle Metropolitan magazines
- Frequently speaks, writes, and testifies on wage and hour and wage payment issues
- J.D. degree, with highest honors, University of Washington School of Law, where he was managing editor of the Washington Law Review; B.F.A. degree, Pacific Lutheran University
- Can be contacted at patrick.madden@klgates.com
Who Should Attend
This live webinar is designed for human resource managers, payroll professionals, bookkeepers, benefits administrators, personnel managers, business owners and managers, controllers, CFOs and attorneys.
