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2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

Product Code: VFL02222023


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2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

Wednesday, February 22 – Thursday, February 23, 2023
12:00 p.m. – 4:00 p.m. Eastern / 9:00 a.m. – 1:00 p.m. Pacific Virtual

Program Length: 8 hours

What changes can we expect from the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) in 2023?

A new overtime threshold. The WHD will revisit (for the third time in recent years) the salary threshold for overtime eligibility. A new standard is certain to increase the overtime threshold in light of increasing wage pressures and wage compression. An attempt to index the threshold to inflation is also likely to be part of the new regulation.

Joint employer status. Work will begin on a new rule seeking to broaden the definition of “joint employer” and expand liability for many employers, especially those using the franchise model. The effort will be undertaken in concert with a similar effort by the National Labor Relations Board (NLRB).

The Davis-Bacon Act. The DOL published a proposal to update the 1931 Davis-Bacon Act, which requires workers on federally funded construction projects to receive prevailing wages and benefits. The final rule could redefine how employers determine what constitutes “prevailing wages” that must be paid when the federal government finances an infrastructure project.

A new independent contractor test. Finally, we’ll talk about the long-anticipated independent contractor rule – what you need to know and steps to take to ensure you stay in compliance.

To stay up-to-date on these potential changes and to uncover tips and tricks for remaining in compliance with the Fair Labor Standards Act (FLSA), join us for this 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.

At the conclusion of this program, participants will understand:

  • Federal regulatory, legislative, and court ruling hot spots and what the practical impact of new standards, rules, and more will be on their workplace;
  • Employee classification—how to navigate the duties tests to cost-effectively determine which employees should be exempt and nonexempt or whether 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.

2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

Agenda

*All Times are in Eastern
12:00 p.m. – 4:00 p.m. Eastern / 9:00 a.m. – 1:00 p.m. Pacific each day

Day 1

12:00 p.m. – 1:00 p.m.
Federal Regulatory, Legislative, and Court Ruling Hot Spots for 2023: 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
  • DOL 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 rule on joint employment, which aims to ensure employers in joint employment situations clearly understand their responsibilities to pay workers at least the federal minimum wage and overtime

1:00 p.m. – 1:15 p.m.
Break

1:15 p.m. – 2:15 p.m.
Correctly Classifying Employees - Navigating the Salary and Duties Tests to Determine Cost-Effectively Which Employees Should Be Exempt and Nonexempt

The FLSA provides that, in addition to minimum wage, employees must be paid overtime at a rate of not less than one and a half times their regular hourly rate for all hours worked over 40 during a 7-day workweek. Certain categories of employees are exempt from the requirements. For these “exempt” employees, you do not need to track their time or pay overtime. Obviously, this is an appealing scenario for employers. However, exemptions from the overtime requirements of the FLSA are just that—exceptions to the rule. Exemptions are very narrowly construed, and you, as the employer, will always bear the burden of proving that you have correctly classified an employee as exempt.

Deciding how to classify a new hire is one of the most important decisions an employer will ever make, as mistaken classification can lead to enormous potential exposure and financial impact on a company if the classification turns out to be incorrect. Yet, unfortunately, FLSA exemptions are commonly misunderstood and misapplied even by employers that are attempting to comply with the law. 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


2:15 p.m. – 2:30 p.m.
Break

2:30 p.m. – 3:30 p.m.
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


3:30 p.m. – 4:00 p.m.
Day 1 Questions and Answers

We’ll wrap up the day by giving you the opportunity to get your specific questions answered by our expert, 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.


 

DAY 2

12:00 p.m. – 1:00 p.m.
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 several 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—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


1:00 p.m. – 1:15 p.m.
Break

1:15 p.m. – 2:15 p.m.
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:

  • Independent contractors
  • 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-/post work time, including time spent in post shift 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


2:15 p.m. – 2:30 p.m.
Break

2:30 p.m. – 3:30 p.m.
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


3:30 p.m. – 4:00 p.m.
Day 2 Questions and Answers

This virtual workshop ends with the opportunity to pose any remaining questions and get answers to your specific workplace scenarios. Learn how to adjust your current practices to keep in compliance with the FLSA and its many complex nuances.

Agenda subject to change

2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

Speakers

Chris Cundiff

Chris Cundiff, Communications Specialist & Benefits Consultant, CM3 Insurance

With a focus on leadership and communication, Chris Cundiff is a results-driven and charismatic professional with a proven ability in B2B communications, marketing communications, public speaking, and training. Chris has extensive experience as a teacher/coach in public and private schools for 14 years before becoming a speech consultant and motivational presenter on personal and professional growth. Chris has performed informational and motivational speeches to groups ranging from 25 to 500 people, giving them strategies to facilitate their leadership development with a forward-thinking approach. Chris received his BA in Education from the University of Nebraska then went on to earn his first Master’s in communication and Media Studies, then a second Masters in Educational Leadership and Administration.

2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

Frequently Asked Questions

What computer set-up do I need to attend this class?

This will be hosted on Zoom. Attendees should have access to a computer that has a microphone and speakers/headphone connection to participate. There is also an option to dial in if needed. You can read the full system requirements for Zoom by visiting https://support.zoom.us/hc/en-us/articles/201362023-Zoom-system-requirements-Windows-macOS-Linux. You can also test your system by visiting https://support.zoom.us/hc/en-us/articles/115002262083-Joining-a-test-meeting.

For the best overall and highest quality connection experience we recommend using the Zoom Meetings application, but if you cannot download or run the application, you may join via a Google Chrome, Mozilla Firefox, or Safari web browser by going to https://join.zoom.us/, clicking on “Join a Meeting” at the top of the window, and entering the meeting information; please be sure to enter your full name when prompted. You can also click on the link provided and choose “Join from Your Browser” at the bottom of the window (just cancel the app initiation as needed). For complete instructions see https://support.zoom.us/hc/en-us/articles/201362593-Launching-Zoom-from-a-web-browser.

2023 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management

Credit Informtion


HR Certification Institute HRCI


SHRM Preferred Provider
HCI

The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®)  criteria for recertification credit pre-approval.
HR Certification Institute’s® (www.HRCI.org) official seal confirms that Business & Legal Resources (BLR) meets the criteria for pre-approved 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 hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).
For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The credits expire 12/31/2023.

Business & Learning Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 7 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.
The credits expire 12/31/2023.

Business & Learning Resources (BLR) is recognized by HCI to offer recertification credits toward a 3-year HCI Certification. This program is valid for 7 HCI Credits. For more information about recertification, please visit the HCI Certification website at www.hci.org/hci-recertification.