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Overtime Exemption Duties Tests: How to Assess Employee Eligibility Under the Administrative, Executive, Professional, or Outside Sales Exemption - On-Demand

Overtime Exemption Duties Tests: Assess Eligibility - On-Demand

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Overtime Exemption Duties Tests: How to Assess Employee Eligibility Under the Administrative, Executive, Professional, or Outside Sales Exemption - On-Demand

Webinar now available On-Demand.

Employers around the country are breathing a huge sigh of relief following the emergency halt to the long-anticipated overtime rules that were due to go into effect December 1. The new rules would have more than doubled the current salary threshold, from $23,660 to $47,476.

But you’re not out of the woods yet. The DOL has filed an appeal with the U.S. Court of Appeals for the Fifth Circuit.

And, in addition to the fate of the final overtime rule addressing the salary threshold being up in the air, an employee must also perform certain types of duties in order to be considered exempt from overtime. And the duties tests can be tricky—particularly when it comes to certain types of managers. Get it wrong, and you could be on the hook for costly back pay and liquidated damages.

Before the start of the new year, employers should seize the opportunity to address (and fix, if necessary) your current classifications and get up to speed on the ins and outs of the various duties tests.

Use this on-demand webinar for an in-depth look at the administrative, professional, executive, and outside sales exemptions. Attorney Kimberly Klimczuk will explain how to analyze job classifications to determine if your employees meet or flunk the DOL’s duties tests—and what to do if you uncover misclassification errors.

In addition, Attorney Klimczuk will discuss the recent federal court ruling suspending implementation of the new salary threshold for the overtime exemptions, as well as the remaining options for the Obama administration to resurrect the rule.

You’ll learn:

  • The criteria for meeting “overtime ineligible” status under DOL rules concerning the following exemptions:
    • Administrative
    • Executive
    • Professional
    • Outside sales
  • What “independent judgment and discretion” mean in a practical, real-life, work setting
  • How to gather information about specific job functions that can help you evaluate whether an “exemption on paper” is one in fact and would pass DOL scrutiny
  • “Traps for the unwary” concerning the overtime exemption duties tests—common mistakes employers often make when interpreting the white-collar exemptions
  • Signs that an employee has been misclassified under the administrative, professional, or executive exemption 
  • What to do if you discover that an employee has been misclassified as exempt from overtime
  • The possibilities for future implementation of the new salary threshold and what you should be doing to prepare for those possibilities

About Your Presenter:

Kimberly KlimczukKimberly Klimczuk, Esq. 
Partner 
Skoler, Presser, & Abbott, P.C. 

Kimberly Klimczuk joined Skoler, Presser, & Abbott in 2004 and concentrates her practice on labor law and employment litigation. She became a Partner with the firm in 2011. Ms. Klimczuk’s experience includes representing clients in labor arbitration and successfully defending clients in state and federal court and before administrative agencies in a variety of areas of employment law, including wage/hour law, discrimination, harassment, wrongful discharge, and breach of contract. In addition, she has assisted employers in compliance matters involving the Office of Federal Contract Compliance Programs, and drafted numerous affirmative action plans for them. Ms. Klimczuk is a frequent speaker for a wide variety of associations and organizations and is an active member of the Western Massachusetts community. 

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