1. Avoiding Potential Liability for Misclassification of Workers as Exempt or Nonexempt: What the FLSA Requires

Avoiding Potential Liability for Misclassification of Workers as Exempt or Nonexempt: What the FLSA Requires

Avoiding Potential Liability for Misclassification of Workers as Exempt or Nonexempt: What the FLSA Requires
Event ID: 18549
Session ID: 15333

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Duration: 90 minutes including question and answer period.
Presenter: Melissa Fleischer, attorney at law and president, HR Learning Center LLC
Price: $299.00, On-Demand includes full audio presentation, question and answer session, and presentation slides.
CE Credits: This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.
Who Should Attend? HR, in-house counsel, financial officers, CEOs

Many employers do not even realize that classifying workers as exempt employees can create significant potential liability for an organization. This is one case where getting it “wrong” can really cause big problems for employers. The Department of Labor (DOL) continues its aggressive crackdown on employers for improper classification of workers as exempt when the employee is actually non-exempt under the Fair Labor Standards Act (FLSA). The risk to employers from getting the exempt versus non-exempt classification decision wrong is not only from the DOL, but also from possible employee litigation. Properly determining who qualifies for overtime pay and who doesn’t, however, is more complicated than it appears. Believe it or not, even the most savvy professionals often get this wrong. 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? What is the status of DOL’s Final Overtime Rule following the nationwide injunction? Will there be a new overtime rule under the Trump Administration? How does Trump recent appointments to the DOL affect the status of any new overtime rule?

Please join Melissa Fleischer, attorney at law, as she shows you step-by-step how to properly classify your employees as exempt or non-exempt based on FLSA requirements. Her clear explanations and illustrations will leave you with a practical understanding of the FLSA requirements, and in a stronger position to defend your decisions.


Just a sampling of what this webinar will cover:

  • DOL "red flags” you need to avoid when classifying a worker as either exempt or non- exempt.
  • Employer risks associated with misclassification of employees as exempt when they are truly non-exempt.
  • Learn the differences between the “white-collar” executive, professional, and administrative exemptions.
  • Review the three tests you must apply to properly classify your employees as either exempt or non-exempt.
  • Understand how to properly apply the “duties” test.
  • Learn about the “Outside Sales Exemption.”
  • Understand how to classify employees as exempt based on the highly compensated employee test.
  • Review the legal pitfalls of misclassification.
  • Review case studies of employers that got it wrong.
  • Learn what documents can best mitigate your liability should you get sued.


Your conference leader for “Avoiding Potential Liability for Misclassification of Workers as Exempt or Nonexempt: What the FLSA Requires " is Melissa Fleischer, attorney at law. Ms. Fleischer is a management-side employment attorney with 20 years of experience representing clients in employment law discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center, LLC offers training seminars, webinars, and consulting on workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law.


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