Status Classification: Exempt vs. Non-Exempt
|Date / Time:
Employees and their counsel continue to pursue individual and class action overtime claims based on the alleged misclassification of exempt workers at a fever pitch.Understanding and Complying With the Basic White-Collar Exemptions
Thousands of lawsuits asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year, and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are staggering.
These cases frequently involve individual and class action claims that employers have misclassified employees eligible for overtime as exempt in an effort to cheat them out of their rightful pay.
This topic will help you understand the overtime exemptions available under the law, the nature of the claims asserted by plaintiffs, and the newest areas of focus and arguments advanced by plaintiffs' counsel.
It also will explain what steps you can take to assure proper classifications and to minimize the likelihood and success of these misclassification claims.
General Principles Under the Fair Labor Standards Act, and Similar State Wage and Hour Laws
Understanding and Complying With Other Overtime Exemptions, Including the Outside Sales, Retail Sales and Service, Recreation and Amusement, Domestic Worker and Motor Carrier Act ExemptionsWhat Can an Employer Do to Assure Classifications Are Accurate and to Minimize the Risks?About The Presenters
- The Executive, Administrative, Professional and Computer Professional Duties Tests
- Salary Requirements and the Highly Compensated Employee Exemption
- The Salary Basis Test
Michael A. Pavlick
- Partner in the Pittsburgh office at K&L Gates LLP, and a member of the firm’s Labor, Employment and Workplace Safety Practice Group
- Advises employers nationwide on a wide variety of labor and employment compliance, regulatory, best practice and litigation issues, including wage and hour matters arising from the federal Fair Labor Standards Act and related state and local laws
- Counsels clients on concerns related to the classification of employees, including the exempt vs. nonexempt determination and compensation decisions
- Frequently speaks on wage and hour issues to a variety of audiences
- Regularly listed as a top labor and employment attorney in The Best Lawyers in America, including being named as Best Lawyers’ 2012 Lawyer of the Year in Litigation – Labor and Employment in Pittsburgh, Pennsylvania
- Former judicial clerk for a U.S. Court of Appeals judge
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