How to Pay Overtime Correctly under the Fair Labor Standards Act - Legal risk and court interpretations

Why Should You Attend:

Overtime lawsuits are on the rise. Employees are getting wiser to their rights under the Fair Labor Standards Act (FLSA) and are realizing that their employers have been incorrectly designating them as exempt and, therefore, have not been paying them overtime they are due. They are also realizing that employers are failing to record "working time" correctly – resulting in significant underpayments to their employees. Additionally, even if the working time is accurately noted, employers failed to calculate overtime obligations correctly. Due to the frequent errors on employers’ part, many employees are grouping together to bring class actions or collective actions under the FLSA – making these suits more costly than ever.

Attending this webinar will help you understand what is "time worked", exempt versus non-exempt status and how to calculate your employees' overtime correctly so to avoid these costly suits.

Areas Covered in the Webinar:

• What is actual "time worked" under the FLSA.
• What is meant by "suffered or permitted" to work?
• Exempt versus Nonexempt Status.
• Deductions from exempt pay - avoiding the landmines.
• Hourly versus Salaried Status.
• How to determine FLSA classification of positions.
• Problems with "job creep" and "perception of status".
• How to calculate working time – including travel time, training time, "donning and doffing" and others.
• Methods of calculating overtime – salary coefficient, piece rates, blended rates, BELO contracts.
• Employee-employer relationship versus independent contractor status.
• Suggested policies to administer under FLSA.
• Compensatory time off versus pay in lieu of notice.
• What to do when you discover that you have made an error.

Who Will Benefit:

• Human Resource professionals
• In-house counsel who deal with employee benefits
• Company owners
• Labor and employment law personnel
• Payroll professionals
• Companies that provide payroll services to other entities

Instructor Profile:

Susan Fahey Desmond is a shareholder in the New Orleans office of Jackson Lewis, a national labor and employment law firm with offices in 59 cities across the country. She has been representing management in all areas of labor and employment law for over 25 years. She is listed in Best Lawyers in America for labor and employment law and has been named by U.S. Chambers as one of America’s leading business lawyers. Ms. Desmond is a frequent speaker and author in many topics of labor and employment law.

Topic Background:

Although the Fair Labor Standards Act has been around for a long time, it is the most frequently violated employment law. Violations are rarely intentional. Employers misclassify employees as exempt or fail to calculate working time accurately. Misclassifications can result in severe back pay issues. Calculating overtime incorrectly can often result in overpayments or underpayments.

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