Description
Dont let wage and hour class and collective actions become a costly issue for your company.
Fair Labor Standards Act (FLSA) collective actions represented one of the largest categories of class action filings. Wage and hour actions permeate virtually all industries resulting in huge jury verdicts and settlements. This topic will teach you how to avoid these disasters through effective preventive action, including attorneyclient privileged audits of employee classification and offtheclock work issues how to identify and correct these problems before litigation how to identify and address exempt to nonexempt conversions and back pay issues and how to do the tough liability and damages analysis that can lead to costeffective settlements with government or private plaintiffs when litigation is threatened. This topic is critical for employers looking to make sure their workplace is in order before getting into costly litigation.
Date: 2021-06-24 Start Time: 1:00 PM ET End Time: 2:30 PM ET
Learning Objectives
* You will be able to define exempt vs. nonexempt employees.
* You will be able to identify the steps for analyzing whether an exemption to overtime applies.
* You will be able to discuss how to communicate changes in employee status.
* You will be able to recognize the areas that are most vulnerable to be attacked for wage and hour litigation.
Common FLSA Collective Action Issues
• Exempt vs. Nonexempt Employee
• Independent Contractor vs. Employee
• DOL’s Position on Independent Contractors
• State Rules on Independent Contractors
• Off-the-Clock Work
• Burden of Proof on Employer
• Attorneys’ Fees to Prevailing Plaintiffs Drives These Cases
White Collar Exemptions – FLSA
• DOL Salary Rules
• Administrative
• Executive
• Professional
• Outside Sales
• Certain Computer Employees
• Highly Compensated
Wage and Hour Basics
• Regular Rate of Pay
• Overtime Compliance
• What Constitutes Work Time and Off-the-Clock Work
• Meal Periods and Rest Breaks
• Supervisory Training Regarding
Identifying and Solving Problems Before Litigation
• Wage and Hour Audits
• Communicating Audit Findings and Solutions to Upper Management
• Employee Issues With Change of Status From Exempt to Nonexempt
• Communicating With Employees
• Settlement and Release Issues, and Back Pay
• Pre-Litigation Settlements With Government or Private Plaintiffs
Litigation/Settlement
• Determine Probable Liability or Defenses
• Quantify Potential and Likely Damages
• Analyze Settlement Options
• Evaluate Policy Changes
AIPB ,CPP/FPC ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,CPE ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Sara Zorich-SmithAmundsen LLC
