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Credits

Sponsored by Lorman Education
Product ID: 406701EAU
 
Credit & Course Provided by:

Status Classification: Exempt vs. Nonexempt

OnDemand Webinar (95 minutes)

Avoid lawsuits and learn how to navigate the complex rules of the Fair Labor Standards Act.

Employees and their counsel continue to pursue individual and class action overtime claims based on the alleged misclassification of exempt workers at a fever pitch. Thousands of lawsuits asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year, and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are staggering. These cases frequently involve individual and class action claims that employers have misclassified employees eligible for overtime as exempt in an effort to cheat them out of their rightful pay. This topic will help you understand the overtime exemptions available under the law, the nature of the claims asserted by plaintiffs, and the newest areas of focus and arguments advanced by plaintiffs' counsel. It will also explain what steps you can take to assure proper classifications and to minimize the likelihood and success of these misclassification claims.

Authors

Patrick M. Madden, K&L Gates LLP Michael A. Pavlick, K&L Gates LLP

Agenda

General Principles Under the Fair Labor Standards Act, and Similar State Wage and Hour Laws

Understanding and Complying With the Basic White-Collar Exemptions

• The Executive, Administrative, Professional and Computer Professional Duties Tests

• Salary Requirements and the Highly Compensated Employee Exemption

• The Salary Basis Test

Understanding and Complying With Other Overtime Exemptions, Including the Outside Sales, Retail Sales and Service, Recreation and Amusement, Domestic Worker and Motor Carrier Act Exemptions

What Can an Employer Do to Assure Classifications Are Accurate and to Minimize the Risks?