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Sponsored by Lorman Education
Product ID: 408022EAU
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Jeopardizing Exempt Status

OnDemand Webinar (97 minutes)

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 which jeopardize exempt status.


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


Overview of Fair Labor Standards Act and State Laws

• Minimum Wage and Overtime Obligations

• Exemptions

- Duties Test

- Minimum Salary Requirement

- Salary Basis Test

Mistakes and Myths Regarding Employer Actions That May Jeopardize Exempt Status

• Deductions From Pay for Personal Absences, Sickness or Disability, Misconduct, Lack of Work or Civic Responsibilities

• 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