Stay Up to Date on FLSA Issues and Make Sure You Are in Compliance
Employers need to be vigilant regarding federal and state wage and hour rules and how they may impact the workplace. Basically, it is easy to comply with federal and state minimum hourly rates for employees. The hourly rate is set by the employer - as long as it is at least the minimum under federal/state/municipal law. The regular rate is set by law, which generally will increase the hourly rate, including the overtime rate for those amounts of money earned by the employee in addition to the hourly rate (e.g. pay differentials, non-discretionary bonuses, hazard pay).
The major pitfall for employers is misclassifying an employee as exempt from the overtime rule. To satisfy the particular exemption, there is a salary test and a duties test; the employer must comply with both tests for the particular exemption or exemptions that may apply to the employee. There are useful risk-management steps that an employer can take to avoid mistakes, such as carefully drafted job descriptions, employee audits, and handbook provisions regarding wage and hour concerns by employees.
Learning Objectives
- You will be able to recognize the federal law that applies to most employers and employees.
- You will be able to describe how employers are subject to the FLSA.
- You will be able to evaluate how your state law may impact your obligations regarding wage and hour compliance.
- You will be able to discuss whether certain employees may be exempt from the overtime rule.
Agenda
History of FLSA
- The Great Depression and 1938
- Minimum Hourly Wage
- Hourly Rate and Overtime Rate
- Wage and Hour Division of Department of Labor
- Compliance Actions
Who Is Covered
- Enterprise Coverage
- Individual Coverage
- Independent Contractors
- Staffing Agencies
- Joint Employers
Who Is an Employer
- Definition of Employers
- Individual Liability
- Who Can Be Sued
- Damages
- Collective Actions
Exemptions
- Salary and Duty Tests
- Overtime Rule
- Executive
- Administrative
- Professional
- Other Exemptions
Costly Mistakes
- Misclassifications of Employees
- Regular Rate Not Same as Hourly Rate
- Discretionary / Nondiscretionary Bonuses
- Voluntary Classification Settlement Program
Risk Planning
- Handbook Provisions
- Job Descriptions
- Unauthorized Work
- Window of Correction
- FLSA Audits
- Retaliation Claims
Speakers
Michael Latimer,
Law Office of Michael R. Latimer- Partner in the office of Latimer Law, PLLC, San Antonio, Texas
- Practices in the areas of risk management, defense of Title VII, Americans with Disabilities Act, Family Medical Leave Act, and Fair Labor Standards Act, including collective/class actions litigation
- Conducts regular seminars and workshops on numerous employment-related topics and risk management
- Authored Deskbook on Employment/Labor Law and numerous papers/articles on employment law
- Member of the Federal Bar Association, Texas Bar Association, 5th Circuit Court of Appeals, and Western, Eastern, Northern Federal District Courts
- Education: State University of New York, Albany; St. Mary’s School of Law; University of Texas, Austin, School of Law
Who Should Attend
This webinar is designed for human resource and payroll professionals, business managers, office managers, bookkeepers, presidents, vice presidents, CFOs, controllers, accountants, and attorneys.
