Exempt vs. Nonexempt: How To Find And Fix Misclassification Mistakes
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Misclassifying employees as independent contractors costs the feds $2.72 billion every year, according to their accountants. And the problem isn't going away. Last December alone, 30 percent of employers using independent contractors misclassified them.
And to make things even more confusing, in June, the U.S. Supreme Court ruled that pharmaceutical sales representatives are exempt from overtime under the Fair Labor Standards Act's outside sales exemption. While the Court's ruling appears to be good news for employers, misclassifying non-exempt employees as exempt from overtime can have disastrous consequences. It's enough to get the IRS and DOL to pay attention!
Last year, the DOL's Wage &Hour Division hired an additional 90 investigators and upped their budget by $244 million with the goal of uncovering overtime and other FLSA violations, and the DOL is not going it alone. It recently teamed up with California agencies to crack down on misclassification. This state-federal partnership is the twelfth of its kind, and it will not be the last. Why should it? For every dollar the Wage &Hour division spends investigating employers for misclassification, it gets $7 back in fines and penalties.
So it's never been more critical that you find and fix errors before investigators come knocking on your door. Don't fall out of compliance through misclassification mishaps. Make sure your policies are up to date with the newest rules and regulations so you can avoid the expensive bite of enforcement watchdogs.
Participate in this interactive webinar, and you'll learn:
- How to correctly apply the federal salary basis test
- Why the "discretion and independent judgment" test leads to many lawsuits alleging administrative exemption misclassifications
- Best practices for correctly applying the administrative exemption test so you don't legally misstep when classifying your employees
- Cautionary tales about analysts, specialists, coordinators, computer employees, and executive assistants who have been misclassified as exempt when they really were entitled to overtime
- How to properly draft and manage job descriptions so they don't create an evidentiary "smoking gun" against your organization if you must go before the WHD or a court
- Tell-tale signs that an independent contractor is really your employee and how to fix your mistake
- How to tell who's supervising who for purposes of establishing the executive exemption, and what happens when multiple managers are supervising employees
- In-the-trench strategies for correcting misclassification errors and for defending wage and hour claims against your organization
In just 90 minutes, learn how to correctly classify your employees so you can protect your organization from costly wage &hour claims. Register now risk-free.
About your Speaker:
Attorney Daniel B. Chammas a partner with Venable LLP, is a skilled litigator with extensive experience defending companies against class actions, particularly wage and hour class actions. Mr. Chammas is a member of Venable's Labor and Employment Practice Group and has litigated and resolved every type of employment dispute, including claims for wrongful termination, sexual harassment, unpaid wages, racial discrimination, and representing management against union grievances. Mr. Chammas focuses his practice on "high stakes" litigation, defeating class certification in "off-the-clock violations," missed breaks, discrimination, employee misclassification, and consumer class actions. He has personally managed and prevailed in more than ten multi-million-dollar class actions.
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|Licenses / Designations / Educational Credits:||PHR/SPHR|
All US States: 1.5
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||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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