Wage & Hour Bootcamp: Compliance Strategies for 2013 and Beyond
Wage & Hour Bootcamp Recording
The Labor Department's Wage and Hour Division is asking for $238 million in 2013, a budget increase to ramp up enforcement:
- More WHD investigators to catch employers who aren't in compliance with FLSA
- More for FLSA enforcement efforts to ensure that employees are compensated appropriately with the correct wages and overtime pay
- More assistance for states in uncovering misclassifications and recovering unpaid taxes
- More for WHD’s crackdown on employee misclassifications
And the list goes on. According to the DOL, the budget request will help investigators vigorously prosecute employers who don’t comply with the FLSA’s overtime regulations, especially since underpayment of overtime compensation, including off-the-clock work, is the top source for wage and hour fines and penalties.
With these aggressive efforts coming, you MUST find and fix classification and overtime errors before agency investigators come knocking on your door. Learn your wage and hour obligations and avoid pay policy mistakes with this interactive online workshop for HR and payroll professionals.
Participate in this half-day intensive policy and practices seminar, and you'll learn:
- How to comply with all of your federal, state, and local minimum wage requirements
- Steps you must take to reduce your legal liability if you discover mistakes in your employee classifications
- Overtime basics every HR professional should know
- Which meal period/rest break policies make the most sense for your workplace
- Instructions for conducting an effective self-audit of your organization’s wage and hour practices
- Common mistakes that lead to FLSA litigation and DOL investigations -- and how to avoid them
- And much, much more!
Boot Camp Schedule
(All times below are Eastern – please adjust for your time zone.)
Session 1: 11:00 a.m. – 12:00 p.m.
The Lay of the Wage and Hour Law Land (John Gannon)
- DOL enforcement trends and the covered employers and employees that should pay particular attention to the DOL’s initiatives
- How to comply with varying federal, state, and local minimum wage requirements
- Where the DOL now stands on regulations that would make home-care industry workers eligible for minimum wage and overtime protections—which could significantly impact health and in-home service providers
- How to avoid common errors in handling tips and commission payments
- Best practices for recording your employees’ time worked
- The proper steps to produce paychecks and pay stubs
- Complying with the rules governing pay deductions, withholdings, and garnishments
- Common mistakes that lead to FLSA litigation and DOL investigations
Session 2: 12:00 p.m. – 1:00 p.m.
Exempt v. Non-Exempt? Understanding the Four White-Collar Exemptions and How to Tell If an Independent Contractor Is Really Your Employee (Jonathan Sterling))
- What federal and state standards you must follow to distinguish employees from independent contractors
- The four major exemption categories: administrative, executive, professional, and outside sales
- Tips for complying with unique situations, such as computer/IT workers
- Steps to reduce your legal liability if you discover mistakes in your employees’ classifications
- The practical impact a recent Supreme Court ruling is likely to have on outside salesperson exemption classifications going forward
Break: 1:00 p.m. – 1:30 p.m.
Session 3: 1:30 p.m. – 2:30 p.m.
Common Tripwires to Avoid When Calculating Overtime Pay (John Gannon)
- Overtime basics everyone HR professional should know
- How to calculate overtime pay correctly
- Tips for factoring in bonuses and other additional compensation
- Common errors in calculating overtime
- The most sensible overtime policies to enforce with your employees
- What you can do lawfully to prevent unscheduled, unauthorized overtime
Break: 2:30 p.m. – 2:45 p.m.
Session 4: 2:45 p.m. – 3:45 p.m.
On or Off the Clock? What Every HR Manager Should Know About On-Call, Waiting Time, Meal and Rest Breaks, and Travel Time (Michael Petrie)
- Complying with the rules governing your employees’ on-call time and waiting time
- How to handle pay questions about commuting time, travel time (during or outside regular work hours), and attendance at training programs or meetings
- The rules governing pay for incidental after-hours tasks, such as answering e-mails or fielding client questions via cell phones
- Whether federal law permits comp time for employees
- Which meal period/rest break policies make the most sense in your workplace
Session 5: 3:45 p.m. – 4:45 p.m.
Best Practices for Handling the Audit Process and the Preventative Measures to Minimize FLSA Liability (John Gannon)
- Tips on how to conduct an effective self-audit of your organization’s wage and hour practices -- the smoking guns to be on the lookout for and the game plan on what to do when you find them
- When you should take the initiative to notify the Department of Labor of compliance errors discovered during self-audits
- Department of Labor investigation basics
- How to deal with audits by federal or state regulators, and tips for surviving the process
- The importance of maintaining accurately calculated and signed employee time-keeping records
- What you can do to avoid – or fight – employee wage and hour claims to prevent huge back pay awards
- Smart strategies for preventing wage and hour class-action lawsuits against your organization
- A checklist of preventative measures to take now so you can avoid future FLSA liability
Wage & Hour Bootcamp: Compliance Strategies for 2013 and Beyond
About Your Speakers:
Attorney John S. Gannon of Skoler, Abbott & Presser, P.C. defends employers against discrimination, retaliation, harassment, wrongful termination, and related claims. In addition, he conducts comprehensive workforce wage and hour audits and reviews workplace policies for compliance with state and federal employment laws. He is a regular contributor to business publications and the Massachusetts Employment Law Letter, and a frequent speaker on employment-related legal topics.
Attorney Michael G. Petrie practices in the areas of employment litigation and labor and employment counseling at Jorden Burt LLP in Simsbury, Connecticut. He represents employers and management in claims of discrimination, harassment, retaliation, wrongful termination, breach of employment contracts, violation of wage and hour laws, negligence/intentional infliction of emotional distress, and other employment disputes. He frequently presents seminars and writes articles on various labor and employment law topics and is a member of the Employers Counsel Network and a frequent contributor to the Connecticut Employment Law Letter and 50 Employment Laws in 50 States.
Attorney Jonathan Sterling specializes in employment law at Jorden Burt LLP. He has also defended employers before state and federal courts and administrative agencies in cases involving FLSA, FMLA, ERISA, freedom of expression, worker's compensation retaliation and common law claims. He has performed extensive consulting and compliance work for employers, including reviewing and drafting employee handbooks, employment agreements, non-compete agreements and arbitration agreements. His compliance work has been wide-ranging; from WARN Act compliance to wage and hour issues. Mr. Sterling also conducts sexual harassment training for employers. Mr. Sterling belongs to the Employers Counsel Network and is a frequent contributor to the Connecticut Employment Law Letter and 50 Employment Laws in 50 States.