Duration: Each session was scheduled for 90 minutes including question and answer session.
Presenter(s): Melissa Fleischer, attorney at law, founder and president of HR Learning Center, LLC
Price: $849.00, DLs includes recorded presentation, question and answer session and presentation slides.
CE Credits: Each session has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute. Each session is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.
Who Should Attend? HR, training, in-house counsel, financial officers, and CEOs
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 bigtime. Each session focuses on a key FLSA compliance area:
- Avoiding Potential Liability for Misclassification of Workers as Exempt: What the FLSA Requires
- Independent Contractor or Full-Time Employee Classification: DOL & IRS Requirements, FLSA Rules for Using Unpaid Interns, and the Withdrawal of the DOL Administrator’s Interpretation on Misclassification
- 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, Avoiding Potential Liability for Misclassification of Workers as Exempt: What the FLSA Requires:
- DOL "red flags” you need to avoid when classifying a worker as either exempt or non- exempt.
- Employer risks associated with misclassification of employees.
- 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.”
- Review the legal pitfalls of misclassification.
- Review case studies of employers that got it wrong.
- Learn what documents can best mitigate your liability if you should get sued.
Session 2, Independent Contractor or Full-Time Employee Classification: DOL & IRS Requirements, FLSA Rules for Using Unpaid Interns, and the Withdrawal of the DOL Administrator’s Interpretation on Misclassification:
- 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:
- 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.
YOUR CONFERENCE LEADER
Your conference leader for “Avoiding Liability Under the FLSA: Three-Part FLSA Bootcamp for HR Professionals” 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. Ms. Fleischer 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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