PROPERLY CLASSIFYING WORKERS UNDER THE FLSA: Exempt v. Non-Exempt

Overview

It is extremely important for employers to ensure that their employees are not improperly classified as exempt when they are really nonexempt. In the event of an employee lawsuit or an audit by the DOL, employers will be required to substantiate their reasons for classifying a particular employee or employee as exempt. The burden of proof will be on the employer to establish exempt status, not on the employees or the DOL to prove that employees are not exempt. Many employers have learned this lesson the hard way. In addition to enforcement action by federal and state departments of labor, improper classifications have resulted in many collective action lawsuits by groups of employees, many of which have resulted in multimillion-dollar settlements.

The purpose of this webinar is to assist HR professionals in determining whether employees qualify for any of the exemptions from the FLSA's overtime and/or minimum wage requirements.

Why you should Attend

In addition to paying back wages, an employer that is found to have improperly classified employees under the FLSA will generally be subject to fines and penalties that can equal or even exceed the amount of unpaid back wages due to the improperly classified employees.

Areas Covered in the Session

• The Fair Labor Standards Act (FLSA), what it covers, and why it exists
• The DOL’s new overtime regulations, and changes in exemption criteria
• Criteria for the 6 exemption classifications and who they do and do not apply to
• The 3 Exemption Tests that must be met
• Methods for properly classifying your employees based on the Final Rule revisions
• The Importance of a Compliance Review
• How to identify and change a job’s classification based on these new rules
• Problematic pay practices that may put an employee’s exempt status at risk

Who Will Benefit

• HR Professionals
• Managers
• Supervisors
• Business Owners