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Jeopardizing Exempt Status

Webinar: ID# 1022817
Recorded CD
Qty:
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 webinar is designed to help you identify issues which jeopardize exempt status and correct them. Address certain myths regarding what you can and cannot do.

We will go over including 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. Identify and resolve thorny problems which jeopardize exempt status.

Agenda

Overview of Fair Labor Standards Act and State Laws
  • Minimum Wage and Overtime Obligations
  • Exemptions (Duties Test and 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
About The Presenters

Patrick M. Madden
  • Partner and former co-chair of the Labor and Employment and Class Action Practice Groups at K&L Gates LLP
  • Advises employers on 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 employment lawsuits at the state and federal levels
  • Worked on more than 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 32 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.F.A. degree, Pacific Lutheran University
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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Jeopardizing Exempt Status
Available on CD format
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