Objectives of the Presentation
Why Should you Attend
- Exempt vs non-exempt classification issues
- Problematic deductions for non-exempt employees
- Prohibited deductions of exempt employees
- Individualized interpretation of key terms can cause big problems
- Failing to pay for all time worked
- Recognizing what is work, off the clock working, break times, docking pay, remotely working
employees, supervisor's interference and more
- Miscalculation of regular rates of pay and overtime
- Tablets, smart phones and 24/7 expectations
- Using 2017 technology without incurring 1938 liability
- The proposed white-collar regulations
- How independent contractors cause compliance challenges
- Independent contractors Dos and Don'ts
- Temporary employees
- Joint employer responsibilities
- Safety responsibilities for temporary employers
Almost every employer regardless of how large they are and how good is the advice given to them, violates the Fair Labor Standards Act (FLSA.) Passed in 1938, and updated seldom since, the FLSA is a better fit for the operation of 1938 workplaces rather than 2017 workplaces. Additionally the FLSA relies argely on employer interpretation of its 1938 definitions, tests and requirements.
Exacerbating the problem is that many supervisors crushed between budgets and employer polices often choose maximum interpretation when choosing how to follow the law, and some choose to disregard it entirely; cutting such corners as discounting overtime and allowing employees to work off the clock.
Even HR and payroll is not immune to making mistakes such as taking prohibited deductions from exempt employees. Factor in modern developments such as smart phones and employees working remotely and it's no wonder the FLSA is such a misunderstood, misinterpreted and consistently violated employment law. Many choices made when interpreting the FLSA start out seeming such good ideas. Saving money on overtime, using contractors, erring on the side of choosing to make employees exempt. While such choices have their uses and can certainly be legit, other times the applicability of such practices exposes the employer to legal problems and causes disgruntlement amongst employees.
Back pay amounts for violating the FLSA can be substantial, going back 2, sometimes-even 3 years. Repeat offenders can even be subject to criminal penalties and fines! However, violating the FLSA can certainly be avoided. There are a number of hot spots that are easy to avoid if you know for what to look and how to handle those circumstances.
Who will Benefit
- Finance and business owners
The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping and youth employment standards. The FLSA is one of the oldest and most important laws for employers to understand because it sets out such a wide range of regulations for dealing with employees. The FLSA is also one of the most consistently violated employment laws. It is not all bad for business though; the original proposal for the FLSA stipulated a 30-hour workweek!