Jeopardizing Exempt Status

Webinar: ID# 1014026
Recorded CD
About This Course:
Once exempt under the Fair Labor Standards Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken, or not taken, by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime.

This live webinar is designed to help you identify issues which jeopardize exempt status and correct them. The webinar will also address certain myths regarding what you can and cannot do. The topics to be covered will include payment on a salary basis, permissible and impermissible deductions from salary, supplementing salary with additional payments, reducing salaries or hours, required use of paid time off, performing nonexempt work and more.

Covered Topics Include:
  • Overview of Fair Labor Standards Act and State Laws
    • Minimum Wage and Overtime Obligations
    • Exemptions
    • Duties Test
    • Salary Basis Test

  • Mistakes Employers Make That Jeopardize Exempt Status
    • Deductions From Pay for Personal Absences, Sickness or Disability, Misconduct, Lack of Work or Civic Responsibilities
    • Partial Day Deductions vs. Full Day Deductions
    • Additional Duties
    • Pay or Compensation in Addition to Salary
    • Substitution of Paid Leave
    • Recordkeeping
    • Periodic Reductions in Pay and Hours
    • Furloughs
    • Payment of Fees in Lieu of Salary
    • Recoupment of Overpayments or Charges for Damages to Company Property

  • Best Practices for Avoiding Mistakes
    • Deduction Procedures
    • Safe Harbor Provisions

Patrick M. Madden
  • Partner and co-chair of the International Labor and Employment Practice Group at K&L Gates LLP
  • Advises employers on labor and employment issues, including wage and hour payment, and compliance and compensation plan design, assists employers responding to agency investigations, and represents employers in wage and hour, discrimination, and other lawsuits at the state and federal levels
  • Has worked on over a hundred state, regional and national wage and hour class actions, including lawsuits involving wage calculation and payment issues, entitlement to overtime and benefits, off-the-clock claims, challenges to exempt status and claims to employee status
  • Listed as a top labor and employment attorney in The Best Lawyers in America and Chambers USA America's Leading Lawyers for Business, a Super Lawyer in Washington Law & Politics, one of the 29 Washington State litigation stars by Benchmark Litigation, and a leading employment lawyer in Seattle Business and Seattle Metropolitan magazines
  • Frequently speaks, writes, and testifies on wage and hour and wage payment issues
  • J.D. degree, with highest honors, University of Washington School of Law, where he was managing editor of the Washington Law Review; B.A. degree, Pacific Lutheran University
Michael A. Pavlick
  • Partner in the Pittsburgh office at K&L Gates LLP, and a member of the International Labor and Employment Practice Group and co-coordinator of the group's Publications and Presentations Committee
  • 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
  • Regularly speaks on wage and hour issues
  • Listed as a top labor employment attorney in The Best Lawyers in America, including being named as Best Lawyers 2012 Lawyer of the Year in Litigation – Labor and Employment, Pittsburgh, Pennsylvania
  • J.D. degree, Order of the Coif, Case Western Reserve University School of Law, where he was executive editor of the Law Review; B.A. degree, Drew University
Jeopardizing Exempt Status
Available on CD format
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