Overtime Exemption Status Jeopardy: Practical Strategies to Manage Exempt Employees in Compliance with the FLSA

About This Course:
The DOL’s newly proposed overtime exemption rules are getting closer to becoming final, “exempt vs. non-exempt” is, understandably, one of the hottest labor and employment issue right now.

When the DOL’s new rules go into effect, chances are you’ll need to reclassify some—or many—exempt employees to non-exempt status. But, what happens to those who will remain exempt under DOL rules?

If you aren’t careful, you could unknowingly do something that puts their overtime exemption status in jeopardy, so that, in the eyes of the DOL’s Wage and Hour Division they’re entitled to overtime compensation. Putting the exemption status at risk creates huge liability for your organization because you could be held liable for massive minimum wage and overtime payments for a class of workers’ whose exemption status has been compromised on account of how you’ve been managing your Fair Labor Standards Act (FLSA) obligations.

Don’t wind up on the receiving end of a single or collection action alleging that—by virtue of something your organization did (or didn’t do)—you’ve “blown” the exemption and must compensate the worker or workers for unpaid overtime compensation, in addition to hefty penalties.

Join us for an in-depth webinar on the trouble spots to watch for—and the proactive strategies for minimizing your legal risks.

Learning Objectives
  • “Mythbusters” to set you straight on what will and will not jeopardize an employee’s exempt status under the FLSA
  • How to meet overtime exemption requirements concerning the duties and salary basis tests
  • Red flags to watch out for concerning managers’ performance of nonexempt duties when “pitching in” to get the job done
  • The many ways in which you may be jeopardizing exempt status—and what to do so you can correct those mistakes and preserve exempt employees’ “white-collar” status
  • What happens when you supplement one’s salary with additional payments
  • Examples of permissible and impermissible pay deductions for exempt employees
  • How to use the FLSA’s safe harbor provision to your advantage—to add a layer of protection if an improper salary deduction occurs
  • And much more!
About Your Presenter

Attorney Ted Boehm
Fisher & Phillips LLP

Ted Boehm of Fisher & Phillip’s Atlanta office devotes a significant portion of his practice to defense of wage and hour claims arising under the Fair Labor Standards Act. He represents management in all aspects of labor and employment law in state and federal courts as well as before state and federal agencies, including the Department of Labor and the Equal Employment Opportunity Commission, and employers in discrimination and harassment claims arising under Title VII. Additionally, he counsels clients on a wide range of day-to-day employment issues, providing practical and proactive advice to clients aimed at minimizing the risk of litigation and improving employee relations. Boehm was listed in Georgia Super Lawyers – Rising Stars in 2015.

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