Exempt or Non-exempt: How to Classify Workers Right and Avoid Fines
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Tricky. Really tricky. That’s the best way to describe the FLSA regulations for determining who’s exempt and who’s nonexempt. The proof is that each year the feds keep escalating enforcement and handing out more and more fines to well-intentioned companies that unknowingly violate overtime laws.
Don’t get caught. Attend this straight-talk 60-minute conference conducted by a expert employment law attorney Edward Bergmann. He’ll lay out for HR executives a detailed overview of the white-collar exemptions, providing specific, practical examples showing how they’re applied. The course will also highlight the “hot spots” -- those areas where employers are prone to make classification mistakes, and offer advice for conducting audits.
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Learning Objectives:
- Why we see so many fines and lawsuits involving the “discretion and independent judgment” test aspect of the administrative exemption – and what you can do to get it right
- Changes to the salary basis test and steps you can take to ensure compliance
- How to classify analysts, specialists, coordinators, executive assistants, and computer employees
- How to use, draft and manage job descriptions -- which are often your worst enemy when you get into court -- from an overtime classification perspective
- How to correctly determine who is supervising who for purposes of the executive exemption
- How to handle situations where an employee is supervised by multiple bosses
- The effect of the increased salary level test on the exempt status of part-time employees
- How employers have been responding to the new regulations.
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Presented by:
Edward Bergmann, Esq.
Partner
Seyfarth Shaw
Edward Bergmann, Esq., is a partner in the Chicago office of Seyfarth Shaw. He is the Chair of the firm’s Task Force on wage-hour issues. He has represented private and public employers, throughout the United States, in administrative and court litigation under the Federal Fair Labor Standards Act and State Acts for over 30 years. He has handled class actions under state wage payment laws in numerous states and handled collective actions under FLSA throughout the country both at the district court, federal appellate court and Supreme Court levels.
Mr. Bergmann has also provided advice to numerous Fortune 100 and 500 corporations on compliance with state and federal FLSA statutes and avoidance of litigation under those statutes. He participated in the General Accounting Office’s review of the White Collar Exemptions to the FLSA, which culminated in a published report to Congress by GAO. Recently he has provided guidance on compliance with the revised federal exempt status regulations.
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CDRom + Transcript (PDF) + Audio CD - $319
CDRom Only - $217
Audio CD Only - $199
Written Transcript Only - $198
Questions About this AudioConference CD? Call 1-800-431-7571
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