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2022 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management - On-Demand

2022 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management - On-Demand

Product Code: VFL06292022

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BONUS: Receive a FREE download of our Checklist for Unpaid Internship Programs with your registration! Summertime is the perfect time to bring interns into your company. While internship programs can provide advantages for both employers and interns, many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. Use this handy resource to make sure you remain in compliance before bringing in unpaid talent.



2022 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management -
On-Demand

Now Available On-Demand.

Program Length: 8 hours

What changes can we expect from the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) in 2022?

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 recently submitted a proposal to the White House’s Office of Management and Budget (OMB) 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.

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 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.

At the conclusion of this program, participants will be able to:

  • 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.

Here's what past attendees of this virtual workshop have said:

"Very good program. Very informative, well-outlined and easy to follow."

"Great program, especially with the example scenarios and cases."

"Very informative and learned a few things!"


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

2022 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management -
On-Demand

Agenda

Day 1

1 hour
Federal Regulatory, Legislative, and Court Ruling Hot Spots for 2022: 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 hour
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


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
Day 1 Questions and Answers
We’ll wrap up the day by giving attendees the opportunity to get 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

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 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 explore:

  • 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 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:

  • 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-/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
Day 2 Questions and Answers
We’ll wrap up the day by giving attendees the opportunity to get specific questions answered by our expert presenter 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.

2022 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management -
On-Demand

Speakers

Jeremy BrennerJeremy Brenner is an experienced employment attorney and coleader of the firm’s national wage and hour/Fair Labor Standards Act (FLSA) practice. He has served as a strategic business partner to employers for over a dozen years, both as an HR consultant and as an employment attorney. He has been recognized as a Rising Star in Employment and Labor Law by Missouri/Kansas Super Lawyers® consecutively since 2014, and was named an Up & Coming Lawyer by Missouri Lawyers Weekly in 2017.

A substantial portion of Brenner’s practice is devoted to wage and hour law. He has successfully handled many Department of Labor investigations around the country and litigated numerous misclassification, overtime, and minimum wage collective and class actions under the FLSA and other similar state laws. He has defended wage cases in state and federal courts across the country, including Missouri, Colorado, Florida, Tennessee, California, Arkansas, and Texas. His experience also includes a variety of industries and employees, such as auto repair technicians, retail and restaurant managers, cable/satellite installers, healthcare workers, software engineers, manufacturing plant workers, and oil and gas workers.

In addition to wage and hour matters, Brenner frequently represents employers and managers in administrative charge processes and federal and state court litigation throughout the country involving, for example, state and federal claims of discrimination, wrongful termination, harassment, retaliation, and Family Medical Leave Act (FMLA) violations. Brenner also works closely with the firm’s corporate transaction teams and has extensive experience handling a wide range of employee-related issues that arise in the context of mergers and acquisitions, including reviewing and preparing employment-related agreements on both sides of transactions. He provides critical guidance to both buyers and sellers at all stages of the M&A life cycle, from employment law compliance at the due diligence stage through post-closing integration efforts.

Brenner is equally passionate about sharing his knowledge and experience with employers and managers to help prevent disputes. He writes and speaks extensively on employment law and general HR topics. He has given CLEs for the Missouri Bar and presented at the Missouri Commission on Human Rights’ annual conference. He is a regular presenter in the BLR Master Class Series for Missouri employers; frequent national lecturer on employment, wage and hour, and sexual harassment law through Surgent Professional Education webinar courses; a recurring employment and wage law panelist on “The All-Star Tax Series” sponsored by Edward Jones; and co-editor of the Missouri Employment Law Letter, a monthly publication for Missouri HR professionals.

In addition to his employment law practice, Brenner serves as outside general counsel to three nonprofit organizations and outside employment counsel to several others, all in the area of early childhood education and children’s health and wellness. Finally, Brenner is a member of Armstrong Teasdale’s Inclusion Committee. For many years, he oversaw the firm’s onboarding programs for first year lawyers and lateral associates. In 2018, he served as chair of the firm's annual United Way campaign.


Alexandra (Sasha) ThalerAlexandra (Sasha) Thaler
’s practice involves guiding company leadership and Human Resources professionals at employers across multiple industries in all aspects of employment law, from compliance through dispute resolution.

Thaler regularly advises employers in the life sciences, staffing, manufacturing, software, hospitality, and other industries on issues relating to hiring, terminations, wage and hour compliance, leaves of absence, discipline, harassment and discrimination claims, and reductions in force, and drafting and interpreting employment-related contracts. Thaler also assists clients with establishing compliant policies and practices relating to a wide range of federal and state laws, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act of 1993 (FMLA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, the Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification Act of 1988 (WARN), and similar state statutes and common law obligations, across multiple jurisdictions.

She also supports businesses in defending state and federal agency actions and responding to agency investigations and conducts internal investigations—in both higher education and corporate settings—and audits relating to matters such as allegations of discrimination, harassment, and unprofessional conduct and wage and hour compliance. Thaler has also assisted clients in the social services, transit, and other industries in labor negotiations and related arbitrations under the National Labor Relations Act.


Martha ZackinMartha Zackin has over 30 years of experience advising and representing clients on a broad range of employment law issues and in adversarial proceedings. In her role as an advisor to employers, boards of directors, and executives, she regularly provides practical advice and counsel on a wide range of employment-related issues, including employee relations and policy matters; employee classification and wage and hour laws; violations of noncompetition, nonsolicitation and nondisclosure agreements; employee training; employment and separation agreements; affirmative action; mergers and acquisitions; and internal investigations.

Zackin also has experience assisting clients in drafting employment policies, handbooks, and employment and severance agreements, and in conducting various educational programs. In addition, she has represented clients before administrative and governmental agencies, courts, arbitrators, and mediators.

She has experience representing clients in matters involving affirmative action, including developing affirmative action plans for government contractors and subcontractors; representing federal contractors and subcontractors in Office of Federal Contract Compliance Programs (OFCCP) audits, and litigating against the OFCCP.

2022 FLSA Compliance Virtual Master Class: Advanced Skills for Wage and Hour Management -
On-Demand

Credit Information


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® 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 12/31/22.

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 on-demand credits expire 12/31/22.

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.