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Overtime Exemption Misclassifications: How to Spot and Fix Errors While Minimizing Legal Risks - On-Demand

Overtime Exemption Misclassifications: How to Spot and Fix Errors While Minimizing Legal Risks - On-Demand

Product Code: YEWA082219D

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Overtime Exemption Misclassifications: How to Spot and Fix Errors While Minimizing Legal Risks - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to evaluate the white-collar overtime exemption duties tests under federal law to tell if an employee should be classified as overtime-eligible and whether independent contractors should be reclassified as employees.


ALERT: The Department of Labor (DOL) has released its highly anticipated overtime exemption rule proposing an increase of the salary threshold for overtime eligibility under the Fair Labor Standards Act. That makes now a good time to address how your overtime exemption classifications will be affected by the final rule.

Currently, an employee must earn at least $23,660 on a salary basis and meet the requirements of a specified duties test—administrative, executive, professional, computer professional, or outside sales—to be exempt from overtime under federal law. But, the DOL rule will raise that threshold to $35,308.

Consider, too, that workers who otherwise would be eligible for overtime compensation are often misclassified as independent contractors. It’s clear that employers should take steps to proactively ensure that their workers are properly classified and that they are paid for any overtime compensation owed under federal law.

Use this on-demand webinar that will examine the administrative, executive, professional, computer professional, and outside sales exemptions, the general test for determining whether an employee has been misclassified as an independent contractor, and how to ensure that overtime compensation is properly being paid in accordance with the latest developments out of the DOL.

You’ll learn:

  • The criteria for meeting “overtime ineligible” status under DOL rules concerning the following exemptions:
    • Administrative
    • Executive  Professional 
    • Computer professional
    • Outside sales 
  • What “independent judgment and discretion” means 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
  • Tell-tale signs that an employee entitled to overtime pay has been misclassified as an independent contractor—and how to correct the mistake while minimizing legal risks
  • “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 in the most economical way possible

About Your Presenter

John SkousenJohn Skousen, Esq.
Fisher Phillips LLP

John Skousen, a partner in the Dallas and Irvine, California, offices of Fisher Phillips, concentrates his practice on wage and hour law and employment litigation. He has a unique blend of managerial experience in business and personnel management prior to law school, coupled with transactional and trial experience as a lawyer.

In addition to representing employers in class actions and other employment litigation, Mr. Skousen creates and presents webinars and conducts management training on a variety of topics, including management practices impacting on state and federal equal employment opportunity laws, harassment prevention, and compliance with state and federal wage & hour laws.

He has been appointed as an adjunct faculty member at the University of Redlands.

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