Avoiding Liability Under the FLSA: Three-Part FLSA Bootcamp for HR Professionals
Avoiding Liability Under the FLSA: Three-Part FLSA Bootcamp for HR Professionals, in three 90-minute sessions, offers a comprehensive approach to understanding the major FLSA requirements and avoiding mistakes that can end up costing employers big time. Each session focuses on a key FLSA compliance area:
- Final FLSA Overtime Rule Issued by DOL: What You Need to Know
- Independent Contractor or Full-Time Employee Classification: Current DOL & IRS Requirements and FLSA Rules for Using Unpaid Interns
- FLSA Compensable Time Issues That Can Trip You Up Big Time
There will also be a summary and review of topics discussed in all three sessions.
Complying with the FLSA can be daunting for a busy HR professional. First, there is what some say, is the “counterintuitive” way the FLSA is written, and then there is the possibility of DOL, IRS, and state audits, as well as the threat of litigation with which to deal. All this is happening at a time when the related compliance questions seem to be increasing and becoming more complex. Get any of this wrong, and the consequences for employers can be significant.
The questions and concerns are many. The answers may seem unclear. For example, are all salaried employees exempt? Are hourly workers automatically classified as non-exempt? How does the employee’s level of responsibility and job duties figure into the decision? What is the outside sales exemption? Is it always clear whether a worker is an Independent Contractor or a full-time employee? What are the DOL requirements and what does the IRS 20 point checklist cover? How does the withdrawal of the DOL Administrator’s Interpretation affect your decision to classify a worker as an Independent Contractor? What qualifies a worker for compensable time? What kinds of problems occur when employers fail to recognize and count certain hours worked as compensable time? Are workers who use their smart phones and send emails after work eligible for compensable time? What are the top FLSA mistakes employers make? How can these be avoided? What is the status of DOL’s proposed rulemaking on the white collar exemption, and how would changes in this area affect your business?
Avoiding Liability Under the FLSA: Three-Part FLSA Bootcamp for HR Professionals offers important answers to these and other key FLSA compliance questions. Avoiding Liability Under the FLSA: Three-Part FLSA Bootcamp for HR Professionals also offers a comprehensive understanding of all of the current and emerging FLSA compliance requirements. You’ll get all this in just three sessions. In addition, you’ll discuss practical real life case studies. Avoiding Liability Under the FLSA: Three-Part FLSA Bootcamp for HR Professionals is a one-stop solution for a complete understanding of FLSA compliance requirements. Please join Melissa Fleischer, attorney at law, as she takes you step-by-step through the FLSA with her clear and practical explanations and review of major cases relating to exempt or non-exempt classification, independent contractor classification, compensable and overtime pay rules, top FLSA mistakes employers make. You will also gain from practical examples that add clarity and understanding to these confusing wage and hour rules and requirements.
WHAT YOU'LL LEARN
Session 1: Final FLSA Overtime Rule Issued by DOL: What You Need to Know - Tuesday, December 10, 2019
- Analysis and overview of the Final Rule revisions and what they could mean for employers
- How the Final Rule will change the classification of many of your current employees resulting in you paying more in overtime
- Methods for properly classifying your employees based on the Final Rule revisions to the FLSA with regard to the “white-collar” exemptions
- Changes the Final Rule make with regard to the “white-collar” exemptions
- Best practices for properly classifying your employees as exempt in light of changes the final OT rule will make
- When will the new final OT rule take effect
Session 2: Independent Contractor or Full-Time Employee Classification: Current DOL & IRS Requirements and FLSA Rules for Using Unpaid Interns - Wednesday, December 11, 2019
- Review the IRS’s 20-point checklist and similar DOL requirements. Consider what each point really means. Discuss which of the points are most relevant to your business.
- Discuss DOL and IRS “red flags.”
- Learn how to properly apply the IRS and DOL tests so you can ensure you have properly classified your employees.
- Understand how withdrawal of the DOL’s Administrator’s Interpretation affects the classification process
- Understand whether you can have volunteers without violating the FLSA.
- Learn the strict rules for having unpaid interns.
- Discuss the recent Second Circuit decision in the Black Swan case and how it changes the requirements for using unpaid interns without violating the FLSA.
Session 3: FLSA Compensable Time Issues That Can Trip You Up Big Time - Thursday, December 12, 2019
- Review the FLSA overtime and compensable time rules step-by-step.
- In-depth discussion of recent Amazon fulfillment center case that went to the Supreme Court on issue of whether waiting to go through security checkpoints was compensable time.
- Examine the thorny issues concerning what constitutes compensable time including: working through lunch without pay, compensation for training time, compensatory time, deducting pay for short breaks, etc.
- Understand how to apply the FLSA compensable time rules to your workplace.
- Learn whether you must pay employees for on-call time.
- Meal and rest-break periods - what the law requires.
- Learn how the “relieved from duty” concept may ultimately determine what is considered compensable time.
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