The Fair Labor Standards Act (FLSA) applies to virtually all public and private employers, and is chock- full of rules about everything from the minimum wage to overtime pay. Along with these rules come exceptions and exemptions, and myriad expectations as to what wages must be paid and how. In short, the FLSA has and continues to be a source of great confusion to many employers. But ignoring it does not make it go away.
The United States Department of Labor (USDOL) is taking an increasingly active role in ensuring compliance with all aspects of the FLSA, including proper classification of workers as either independent contractors or employees, proper classification of employees as either exempt or non-exempt from minimum wage and overtime requirements and what constitutes compensable work time, to name just a few. What’s more, the United States Department of Labor over the last several years has begun to collaborate with some of their state counterparts. Why is that? The reason is because failure to properly classify and pay workers means less payroll withholding, which in turn means less revenue going to the federal (and state) government coffers.
The USDOL therefore has every incentive to crack down on FLSA violations, real and perceived. That is why you as an employer/manager/H.R. practitioner cannot afford to ignore or minimize their FLSA obligations.
Who will Benefit:
- Business Owners
- Managers
- HR Representatives
- HR Generalists
- HR Assistants
- Payroll Professionals
- Chief Financial Officers
- Controllers
- Consultants
- Managers
- Supervisors, etc.
Topic Background:
Periodically, the Wage and Hour Division (WHD) of the Department of Labor (DOL) issues updates and new regulations that employers must comply with or face stiff penalties. It is every organization's responsibility to stay abreast of all pertinent information regarding FLSA laws and federally mandated compliance requirements.
During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime. Those classifications are commonly referred to as exempt employees (those who meet the FLSA’s requirements to be exempt from overtime pay) and non-exempt employees (employees the law requires to be paid overtime).
Can You Answer the questions below?
- What types of set standards and rules help classify nonexempt employees?
- Which employees are provided an exemption from minimum wage and overtime provisions?
- What criteria are used to properly determine if your 1099 workers are properly classified as or are really employees?
- When must you pay for time an employee spends “on-call”?
- How might you minimize the risk of employee claims that they worked “off the clock” and are therefore entitled to overtime pay?
All of the above questions and more will be answered in this information-packed program! Don’t put your company at risk!
The FLSA contains dozens of exemptions, which basically provide that specific categories of employers and employees aren’t subject to the Act’s overtime requirements. Most common are the “white-collar” exemptions for executive, administrative, and professional employees, computer professionals, and outside sales employees.
Many employers believe that if their employees agree to certain pay arrangements, or agree to be classified as independent contractors, then there is no violation of the law. This is not the case. Employees cannot agree to waive their rights under the Fair Labor Standards Act. For example, offering your employees time off or additional benefits in place of overtime pay is still an FLSA violation—even if your employees sign a written contract to that effect. The FLSA and only the FLSA determines the employer’s FLSA obligations. In fact, even when an employee willingly goes along with, or even requests, an illegal pay arrangement s/he can still sue the employer for FLSA violations and recover any back pay he is owed under the law, in addition to keeping the extra pay and benefits he already pocketed under the illegal compensation system, and additional amounts in liquidated damages. If that’s not enough you may also be on the hook for your employee’s legal fees!
- Day One (8:30 AM - 4:30 PM) - FLSA Classification Issues
- 8:30 AM - 9:00 AM: 30 Min
- Overview
- What is the FLSA?
- Minimum Wage
- Overtime
- Required Records
- Overview
- 9:00 AM - 9:45 AM: 45 Min
- Classifications
- Employee or Independent Contractor?
- Definitions
- Benefits
- Risks
- Classifications
- 9:45 AM - 10:30 AM: 45 Min
- Tests
- IRS Test
- Right to Control
- Economic Realities
- IRS Test
- Tests
- 10:30 AM - 11:30 AM: 60 Min
- Hybrid Test
- ABC Test (NJ and MA)
- Common themes
- 11:30 AM - 12:00 PM: 30 Min
- Cases
- 12:00 PM - 1:00 PM: 30 Min - Lunch
- 1:00 PM - 2:00 PM: 60 Min
- Exempt v. Non-Exempt
- Categories (e.g. Executive, Administrative)
- Exempt v. Non-Exempt
- 2:00 PM - 3:15 PM: 75 Min
- Salary Basis Test
- Safe Harbor Policy
- Threshold
- DOL Proposed Regulations
- Salary Basis Test
- 3:15 PM - 4:30 PM: 75 Min
- Duties Test
- Job Titles and Descriptions
- Job Evaluations, Supervisor and Employee Interviews
- Discretion
- Supervision
- Authority
- Duties Test
- Day Two (8:30 AM - 4:30 PM) - Rate, Pay, Work Time, Litigation, Best Practices
- 8:30 AM - 9:00 AM: 30 Min
- Pay Included in Regular Rate (e.g. lodging, meals, commissions, non-discretionary bonuses, sick leave bonuses, etc.)
- 9:00 AM - 9:30 AM: 30 Min
- Pay not included in Regular Rate (e.g. discretionary bonuses, overtime premiums, stock options)
- 9:30 AM - 10:15 AM: 45 Min
- Best Practices
- 10:15 AM - 12:00 PM: 105 Min
- Work Time – Hours Worked Under the FLSA
- Off the Clock Time (Portal to Portal Act, de minimus time)
- Waiting Time
- On-Call Time
- Rest Periods
- Meal Breaks
- Work Time – Hours Worked Under the FLSA
- 12:00 PM - 1:00 PM: 60 Min - Lunch
- 1:00 PM - 2:00 PM: 60 Min
- Sleeping Time/Other Activities
- Time Worked At Home/Remotely
- Lectures/Training
- Travel
- Donning and Doffing
- 2:00 PM - 2:45 PM: 45 Min - Wage and Hour Litigation – Some Caveats
- 2:45 PM - 3:30 PM: 45 Min - IRS and DOL Collaboration
- 3:30 PM - 4:30 PM: 60 Min - Best Practices
Janette Levey Frisch, Esq
Employment/HR Attorney | Founder, The EmpLAWyerologist Firm | The Employer's Legal Wellness Professional
Janette Levey Frisch is an attorney with over 20 years’ of legal experience. Ms. Frisch, owner of The Emplawyerologist Firm, is on a mission: to help employers stay in compliance and out of court. Her extensive areas of expertise include federal and state anti-discrimination laws, FMLA, ADA, wage and hour issues, I-9’s, criminal background checks, employment agreements, terminations, and a myriad other challenges impacting employers today. Ms. Frisch worked as in-house counsel in the temporary staffing industry for almost nine years prior to starting her own practice.
Register Now
Online using Credit card
Get the Invitation
Pre-Register yourself and get the official Invite when venue and dates are announced for this seminar.
Call here to register +1-888-717-2436 or email at [email protected]
Other Registration Option
- Download the Order Form
- Fill this form with attendee details & payment details
- Fax it to +1-650-362-2367, or
- Email it to [email protected]
Payment Mode
ComplianceOnline (MetricStream, Inc),
6201 America Center Drive Suite 240
San Jose, CA 95002
USA
Register / Pay by Wire Transfer
Please contact us at +1-888-717-2436 to get details of wire transfer option.Terms & Conditions to Register for the Seminar/Conference/Event
Your registration for the seminar is subject to following terms and conditions. If you need any clarification before registering for this seminar please call us @ +1-888-717-2436 or email us @ [email protected]
Payment:
Payment is required 2 days before the date of the conference. We accept American Express, Visa and MasterCard. Make checks payable to MetricStream Inc. (our parent company).
Cancellations and substitutions:
Written cancellations through fax or email (from the person who has registered for this conference) received at least 10 calendar days prior to the start date of the event will receive a refund - less a $300 administration fee. No cancellations will be accepted - nor refunds issued - within 10 calendar days before the start date of the event.
On request by email or fax (before the seminar) a credit for the amount paid minus administration fees ($300) will be transferred to any future ComplianceOnline event and a credit note will be issued.
Substitutions may be made at any time. No-shows will be charged the full amount.
We discourage onsite registrations, however if you wish to register onsite, payment to happen through credit card immediately or check to be submitted onsite. Conference material will be given on the spot if it is available after distributing to other attendees. In case it is not available, we will send the material after the conference is over.
In the event ComplianceOnline cancels the seminar, ComplianceOnline is not responsible for any airfare, hotel, other costs or losses incurred by registrants. Some topics and speakers may be subject to change without notice.
Attendance confirmation and documents to carry to the seminar venue:
After we receive the payment from the registered attendee, an electronic event pass will be sent to the email address associated with the registrant 5 working days before the seminar date. Please bring the pass to the venue of the event.
Conference photograph / video:
By registering and attending ComplianceOnline conference, you agree to have your photographs or videos taken at the conference venue and you do not have any objections to ComplianceOnline using these photos and videos for marketing, archiving or any other conference related activities. You agree to release ComplianceOnline from any kind of claims arising out of copyright or privacy violations.
Offers:
We are pleased to offer several exhibitor, sponsorship and media partnership options designed to maximize your company's exposure and networking opportunities before, during and after the event.
Benefits of becoming a Sponsor/Exhibitor/Media Partner:
- Logo on website, marketing email, branding materials & the registration booth
- Exhibit Space
- Free event pass
- Speaking opportunity
- Social media campaign
For more details and other sponsorship options at this event, please contact Event Manager: [email protected] or call: +1-650-238-9656
Media Partner:
Local Attractions of Houston, TX
Bayou Place
Located in the heart of Houston's Downtown Theater District, this 130,000 square foot entertainment megaplex is comprised of theaters, bars, lounges, and restaurants. Start the evening off with dinner at the legendary Hard Rock Café or the authentic Italian trattoria, Mingalone. Enjoy box office hits or catch the latest indie flick at the Angelika Film Center followed by drinks and dancing at ROCBAR, Houston's largest rock and roll nightclub.
Galleria Mall
The Galleria Houston, Texas's largest mall, is an upscale shopping mall centrally located just outside the 610 loop in Houston's Uptown District. The retail center is anchored by Macy's, Neiman Marcus, Nordstrom and Saks Fifth Avenue, and occupies such high-end tenants as Tiffany and Co., Dior, Louis Vuitton, and Yves Saint Laurent. The mall is also home to two separate Westin hotels.
Johnson Space Center
The Lyndon B. Johnson Space Center, home of the NASA astronaut corps, is located in Southeast Houston. The center spans 1,620 acres and consists of 100 facilities. Tourists can experience a simulation of a zero-gravity environment in the Living in Space exhibit or encounter a virtual rocket launch complete with exhaust at the Blast Off Theater.
Houston Zoo
Sheltering over 4,500 animals and 900 species, The Houston Zoo is the 7th most visited zoo in the nation. Spend the day strolling through the facility's beautifully landscaped grounds or enjoy a more hands-on encounter by scheduling a guided tour. Tour experiences range from feeding a lion cub to shadowing a staff veterinarian for an entire day.
Museum District
The Houston Museum District refers to the collection of museums, galleries, and cultural centers located within a 1.5 mile radius of Herman Park. The Museum of Fine Arts which also houses the Bayou Bend Collection and Gardens, boasts a collection of over 56,000 pieces. Just a few blocks away is the John P. McGovern Health Museum which is home to Houston's first and only 4D theater. Other area attractions include the Holocaust Museum, Houston Center for Photography, and the Lawndale Art Center.
