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2021 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Compliance Management - On-Demand

2021 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Compliance Management - On-Demand

Product Code: VEM07282021

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2021 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Compliance Management - On-Demand

Now Available On-Demand.

Program Length: 8 hours



BONUS: Receive a FREE download of our Employee Classification Calculator with your registration! Use this complimentary resource to help you classify exempt vs. non-exempt workers more easily at your organization.


The Fair Labor Standards Act (FLSA), also known as the federal Wage and Hour Law, regulates minimum wage, overtime, equal pay, recordkeeping, and child labor for employees of enterprises engaged in interstate or foreign commerce and employees of state and local governments. Failure to comply with the FLSA could be costly for employers that are investigated by the U.S. Department of Labor (DOL).

Case in point: In early June, a Long Island, New York, contractor was forced to pay $500,000 in back wages, and an equal amount in liquidated damages, to 69 employees after it was discovered that the contractor directed laborers and masons to work 10-hour days, 5 or 6 days a week, without paying them overtime.

The DOL’s Wage and Hour Division (WHD) found that the employer paid employees in quarter-day increments based on an assigned day rate. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay them overtime, continuing to pay the employees based on their day rate. The employer also paid employees in cash or a combination of check and cash and failed to keep accurate records of employees’ work hours and regular hourly rate of pay.

“Employers have a legal responsibility to comply with the Fair Labor Standards Act. The U.S. Department of Labor continues to pursue appropriate and effective legal remedies, including filing suit in Federal court, to ensure employees are paid for all their hard work and employers who violate the law come into compliance,” says Regional Solicitor of Labor Jeffrey S. Rogoff in New York in a DOL statement.

The best way to avoid a wage and hour investigation is to comply with the law, and to better understand the FLSA, join Skoler, Abbott & Presser, P.C. attorneys Amelia Holstrom and Meaghan Murphy for an intensive, 2-day master class that will help you understand all the ins and outs of the FLSA, overtime, and other wage and hour issues.

Holstrom and Murphy will also uncover:

  • Federal regulatory, legislative, and court ruling hot spots and what the practical impact of new standards, rules, and more will be on your workplace;
  • Employee classification—how to navigate the duties tests to cost-effectively determine which employees should be exempt and nonexempt, or whether your workers are independent contractors or employees;
  • The ins and outs of calculating overtime in compliance with the new overtime regulations;
  • Pay equity audits—how to analyze and correct disparate compensation practices by analyzing groupings by job title, job family, pay grade, overtime exemption status, and more;
  • FLSA timekeeping, hours of work, and recordkeeping myth-busters—top pitfalls for staying off state DOL and federal WHD enforcers’ audit radars; and
  • Post-pandemic planning—wage and hour issues to keep in mind in a post-pandemic world.

*Registrants will have access for 60-days from purchase.

2021 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Compliance Management - On-Demand

Agenda

(1 hour)
Federal Regulatory, Legislative, and Court Ruling Hot Spots for 2021: The Practical Impact of New Standards, Rules, and More

The financial stakes are huge if your company isn’t fully compliant with the Fair Labor Standards Act (FLSA) and applicable Department of Labor (DOL) regulations. It is even more crucial in light of the COVID-19 pandemic.

This opening session will provide a succinct summary of:

  • Which states and localities have established predictive scheduling laws and which states prohibit these laws
  • Where state legislation banning employers from inquiring about applicants’ salary history has already gone into effect and where new legislation is expected to pass
  • The DOL’s final rule providing clarification on how to determine employees’ regular rate of pay and what forms of payment employers can include and exclude in the overtime pay calculation
  • The increased risk of liability for employers under the FLSA for collective and class actions and more
  • The DOL’s final rule on joint employment, which aims to ensure employers in joint employment situations, especially those in franchise arrangements, clearly understand their responsibilities to pay workers at least the federal minimum wage and overtime


(1 hour)
Correctly Classifying Employees - Navigating the Salary and Duties Tests to Determine Cost-Effectively Which Employees Should be Exempt and Nonexempt

On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule addressing how to determine whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. The proposed rule establishes an “economic reality” test to analyze whether a given worker should be classified as an independent contractor or an employee. In addition to the test, the rule provides an analysis of the two main factors that would be used in determining a worker’s classification, and three more factors to guide employers in their classification process.

This session is designed to boil down the practical impact of the DOL’s proposed rule on employee classification, as well as the overtime exemption rule. Wage and hour attorneys will walk you through what to do and how to ensure your organization is in compliance with the law. You’ll learn:

  • Key salary factors to consider when determining whether an employee is exempt or nonexempt, including salary level, the salary basis test, additional payments beyond an employee’s salary, and fee basis payments
  • Which exemptions are not subject to the salary requirements
  • The ins and outs of highly compensated employees
  • How often the DOL will update the salary level going forward and the fate of automatic updates
  • Cost-minimizing strategies for classifying employees
  • How deductions from pay enter into your analysis
  • How to develop a communication plan when it comes to overtime classification
  • How to head off concerns that going from exempt to nonexempt status is a demotion
  • Where the duties tests stand now that the DOL’s overtime rule is in effect
  • Key test factors to determine whether an employee passes the duties tests for the executive, administrative, professional, computer professional, and outside sales exemptions, as well as employees in education
  • Whether you should change an employee’s duties to qualify the employee for either the exempt or the nonexempt classification
  • How important job titles are when it comes to passing the duties tests
  • Why some employees labeled “managers” and “assistant managers” may be nonexempt and entitled to overtime in the DOL’s eyes
  • Tips for avoiding a DOL overtime audit


(1 hour)
The Ins and Outs of Calculating Overtime

Overtime calculations can get tricky when employees are paid a salary but work over 40 hours, they work a different number of hours each week, or they are paid by the piece-rate method. What about fluctuating workweeks, commissions, and compensatory time? These scenarios can end up costing employers millions when they fail to correctly pay overtime. It is vitally important for employers to make confident and correct calculations. You’ll learn:

  • What a “workweek” is under FLSA rules
  • The proper timing of overtime pay
  • When compensatory time can be used legally
  • How payments on an hourly basis, on a salaried basis, and at different hourly rates differ
  • Key factors regarding fluctuating workweeks
  • Payment rules for piece-rate and day-rate employees
  • How commissions factor into overtime payments
  • The rules that apply to fire protections and law enforcement personnel
  • What to include when determining total compensation


(30 minutes)
RecordedQuestions and Answers

We’ll wrap up the day by giving you the opportunity to get your specific questions answered by attorneys well-versed in the complexities of wage and hour compliance, with clear instructions for adjusting your practices in light of the very latest legal developments.

(1 hour)
Pay Equity Audits: How to Analyze and Correct Disparate Compensation Practices by Analyzing Groupings by Job Title, Job Family, Pay Grade, and Overtime Exemption Status and More

Equal pay is hot—and pay discrimination claims are on the rise. In the past 2 years, more than a dozen states and several major cities have passed new, aggressive equal pay laws designed to make it easier for employees to bring (and win) pay discrimination claims. This growing “patchwork” of federal, state, and local laws poses particularly worrisome challenges, especially for multistate employers.

This session will outline how to take a proactive and strategic approach when addressing the growing pay equity challenges your organization faces.

You’ll learn:

  • How two major federal statutes prohibiting gender-based differences in pay—the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII)—could spark costly legal liability for your organization
  • The growing patchwork of new state and big-city equal pay laws and what they mean practically for your company
  • How to take advantage of the “safe harbors” under many new state equal pay laws to protect your organization from claims and liability
  • How to conduct a review of your company’s wage-setting practices to find and fix unexplained disparities so you can get your compensation-planning practices on the right—and legal—track
  • How to establish the all-important privilege for your pay equity audit
  • How to determine groupings for analysis by job title, job family, pay grade, and overtime exemption status
  • Examples of “similarly situated” and “comparable” positions
  • Factors you must consider, including date of hire, legacy data, time in grade, and more
  • Running the numbers for large, medium, and small groups—when to apply regression analysis and when something else is needed
  • What to do if you can’t explain a pay disparity
  • Tips for avoiding claims of gender-based wage discrimination


(1 hour)
FLSA Timekeeping, Hours of Work, and Recordkeeping Myth-Busters: Top Pitfalls for Staying Off State DOL and Federal WHD Enforcers’ Audit Radars

There is no federal law that sets out how often or in what form you must pay wages, but you have a lot of other issues to contend with. For example, how do you pay employees who work 24-hour shifts but sleep during the shifts? If an employee shows up for work early, do you have to pay the employee? What do you do with employees who forget to punch in? What about for those who travel for work after hours? This session will put to rest myths that could be exposing your company to costly liability. We’ll cover important issues such as:

  • Tracking time, punching in and out, rounding, and the de minimis rule
  •  What counts as hours worked
  • On-call time
  • Meal and rest periods
  • Sleep time
  • Commuting and travel time
  • Waiting time
  • Training time
  • Changing clothes
  • Pre-/postwork time, including time spent in postshift security screenings
  • Charitable/civic activities
  • Permissible and impermissible pay deductions for nonexempt employees
  • Examples of when partial-day pay deductions are permitted for exempt staff
  • Minimum wage requirements under your state’s law(s), including examples of how tip pools/credits could land employers in hot water
  • Final paychecks—common pitfalls to watch out for and mistakes that could cost you under your state’s applicable law(s)
  • Recordkeeping


(1 hour)
Post-Pandemic Planning: Wage and Hour Issues Employers Need to Consider

COVID-19 has impacted employers in unprecedented ways. Employers faced with a pandemic need to know how to manage a variety of wage and hour issues, including final paychecks, volunteering, partial workweeks, sickness and disability deductions, long-term pay reductions, and furloughs. Federal law has addressed many of the factors to consider when preparing for or working through a pandemic, as outlined below. Keep in mind that individual state laws or collective bargaining agreements may apply as well.

You’ll learn:

  • What happens if an employer is unable to pay employee wages
  • The importance for employers to understand their state laws on final paychecks
  • The strict laws around volunteering under the FLSA because during a pandemic, companies may fall into the legal trap of looking for assistance in the form of volunteers
  • How to handle the issues surrounding partial workweeks because a business closes
  • What to know about sickness and disability deductions, which is an area of confusion for some employers
  • The ins and outs of long-term pay reductions
  • The rules on furloughs for exempt and nonexempt employees
  • Whether you can ask employees to work longer hours
  • Whether you can ask employees to perform job functions that are different from their usual work
  • What you need to know about telecommuting, including whether you can require it, recordkeeping, and how to handle employees who are unable to work from home


(30 minutes)
Recorded Questions and Answers

Listen to recorded question and answers sessions for more insight. All questions were submitted by participants during the live event. Come away with actionable insights for putting your knowledge to good use in your workplace.


Agenda subject to change —

2021 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Compliance Management - On-Demand

Your Faculty

Amelia J. Holstrom

Growing up, attorney Amelia J. Holstrom watched her parents, who were both members of management at different companies, make difficult decisions that involved employees. When she decided to go to law school, Holstrom knew that she wanted to be involved in litigation, but she wasn’t sure exactly what type of litigation. In her second year, she took a labor law class, which has helped shape the course of her career ever since. The class reminded Holstrom about the difficulties businesses and members of management face when making decisions about employees and the laws that impact those decisions.

Now, her practice focuses on litigation avoidance, employment litigation, and labor law and relations. Holstrom has developed a practice in which she prides herself on helping her clients make difficult employment decisions within their legal obligations in an effort to help them limit legal liability. And, when someone does file a lawsuit against one of her clients, she is an experienced litigator prepared to defend her client.

Meaghan E. MurphyMeaghan E. Murphy is licensed in both Connecticut and Massachusetts. She brings 6 years of general litigation and labor and employment experience to Skoler Abbott. Murphy regularly advises clients on various workplace issues, including discipline and performance issues, policy development and implementation, and compliance with local, state, and federal laws and regulations. She looks to guide her clients toward reasonable, common-sense solutions to workplace conflicts.

Murphy has successfully represented clients in state and federal courts, at the Equal Employment Opportunity Commission (EEOC), the Massachusetts Commission Against Discrimination (MCAD), the Connecticut Commission on Human Rights and Opportunities (CHRO), and other forums. She has been recognized by Super Lawyers as a Rising Star since 2018. Born and raised in Springfield, when she is not practicing law, Murphy enjoys hiking, watching soccer, learning new recipes, and spending time with family and friends.

2021 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Compliance Management - On-Demand

Credit Information

HR Certification Institute HRCI
SHRM Preferred Provider

CREDIT INFORMATION: HRCI® (www.HRCI.org) official seal confirms that BLR®—Business & Learning Resources meets the criteria for preapproved recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®.”

This program has been approved for 7 HR (General) recertification credit Approved Provider toward aPHR®, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HRCI.”
These credits expire 12/31/21.

BLR®—Business & Learning Resources is recognized by SHRM to offer SHRM-CP or SHRM-SCP professional development credits (PDCs). This program is valid for (7) PDCs. For more information about certification or recertification, please visit shrmcertification.org.”
The on-demand credits expire 12/31/21.