New DOL Overtime Exemption Rules and Independent Contractor Guidance: What You Really Need to Know

Duration: 60 Minutes
This topic provides an update on the Department of Labor’s recent proposal on increasing the minimum wage and other critical issues and guidelines on independent contractors.
DOL Overtime Exemption Rules
Instructor: Ronald Adler
Product ID: 501013

Who is an employee and how much should he or she be paid are critical issues for both individuals and their employers. Thus the first question that is normally addressed is: “Is this new individual in our organization an employee or an independent contractor?” While historically most individuals would have been treated as employees, this is now changing; more individuals are now considered as independent contractors. Is this proper? What criteria should be used by employers in making this decision?

Areas Covered
  • Review of the current standards for minimum wages, overtime pay, recordkeeping
  • Review of the FLSA current overtime pay and minimum wage provisions
  • Proposed new minimum wage standards
  • Review of the Act’s current provisions on independent contractors
  • DOL’s recent guidelines on independent contractors
  • Minimum wage and independent contractors at the state level
  • Auditing your organization’s wage and hour practices and procedures
Why Should you Attend
Once the employer determines the status of the new individual, the employer must determine whether the new employee is “non-exempt” or “exempt”. Under current rules, most employees are considered to be non-exempt and must be paid at least the minimum wage, which is federally $7.25 an hour; more in a number of states and local jurisdictions. What are the proposed DOL overtime requirements? How will they affect your organization?

These issues affect organizations. First, they affect how organizations are organized and often how services are provided. Second, they impact how organizations priced their services and how much they paid their employees or contractors.

Objectives of the Presentation
  • Learn the differences between an employee and an independent contractor
  • Learn the factors determining non-exempt and exempt employees
  • Determine when and how these factors apply
  • Learn state issues that affect the determination of employees and independent contractors
  • Learn other factors that may affect your organization’s treatment of employee and independent contractors
Who can Benefit
  • HR
  • CFOs
  • Internal Auditors
  • Managers
  • Compliance Officers
  • Staff Attorneys
  • Payroll departments
$300
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Instructor Profile:
Ronald Adler is the president-CEO of Laurdan Associates, Inc., a veteran-owned, human resource management consulting firm in Rockville, Md., specializing in HR audits, employment practices risk management, benchmarking and HR metrics, strategic HR, employee surveys, and unemployment insurance issues. Mr. Adler has more than 42 years of HR consulting experience working with U.S. and international firms, small businesses and non-profits, insurance companies and brokers, and employer organizations. Mr. Adler is a consulting expert on work force, employment practices, and unemployment insurance issues to Bloomberg BNA, HR Magazine, and other publications and newspapers across the country. His research findings have been used by the Federal Reserve Board, the Equal Employment Opportunity Commission (EEOC), the National Conference of State Legislatures, the National Association of Manufacturers, the National Federation of Independent Business, insurers, and international organizations.

Mr. Adler is the developer of the Employment-Labor Law Audit™ (ELLA®), the nation's leading HR auditing and employment practices risk assessment tool, and is a frequent lecturer and author on HR management and workplace issues. As an adjunct professor at Villanova University, Mr. Adler teaches graduate courses on HR auditing. He is also a certified instructor on employment practices and insurance issues for The CPCU Society, has conducted continuing professional education courses for the American Institute of Certified Public Accountants on "Assessing Employment and Personnel Policies," and has conducted continuing professional education courses for SHRM, the Institute of Internal Auditors, and the Institute of Management Consultants.

As a member of the Society for Human Resource Management (SHRM), Mr. Adler has served as a subject matter expert (SME) to SHRM on HR metrics and formerly served on SHRM's Human Capital Measurement/HR Metrics Special Expertise Panel. He has also served as a consulting expert on workplace issues to SHRM's legislative staff, has contributed materials for The SHRM Academy and the SHRM Learning System, and has represented SHRM in meetings with the EEOC.

Mr. Adler has also served as an appointee to the State of Maryland Legislative UI Committee. Additionally, he belongs to the Institute of Internal Auditors, chaired the Maryland Chamber of Commerce's UI Subcommittee and served as a member of the U.S. Chamber of Commerce's Labor Relations Committee.

Mr. Adler holds a bachelor's degree in finance from the University of Maryland and an M.B.A. degree from Southern Illinois University


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