large and small are getting hit with FLSA-related judgments and
settlements. On April 4, Attorney Nancy M. Cooper will tell you how you can keep this from happening
to you.
Few laws have caused American employers as much
consternation as the Fair Labor Standards Act (FLSA.)
Passed in 1938 as a simple measure to make sure
Depression-era workers were paid a fair wage, the law has become more and more
complex.
A major revision designed to modernize FLSA in
2004 also increased its complexity, in the opinion of many. So much so that huge
corporations have had trouble staying within its bounds. Wells Fargo recently
settled an FLSA-related case at a cost of nearly $13 million. IBM got nipped for
$65 million. And the cost to investment house UBS for settling its FLSA problems
was $89 million.
Smaller Companies Also Hit Hard
Large costs have not been limited to large
companies. Even a small jewelry store operator in Ohio had to pony up over a
million dollars to settle an FLSA case. What’s more, the parade of judgments
and settlements is likely to accelerate. FLSA violations have now replaced
discrimination claims as the Department of Labor’s number one enforcement
target.
To register for the FLSA audio conference or to
pre-order a CD, Click
here.
One key to keeping your company’s logo off that
target is education, says attorney Nancy M. Cooper of the law firm of Bullivant
Houser Bailey PC in Portland, Oregon.
On April 4, Cooper will be the expert presenter at
BLR’s special audio conference on FLSA, titled Classifying Employees Under
the FLSA: The Most Common Overtime Mistakes … and How You Can Avoid
Them.
Here are some of the areas she plans to cover:
–Exempt vs. Nonexempt. One area in which
companies often misstep is classifying workers as exempt from payment for
overtime when they shouldn’t be. Many cases come from simply misunderstanding
the rules, which specify a number of tests based on minimum salary, salary
basis, and an analysis of the employee’s job responsibilities. Cooper’s
presentation will cover how to administer these tests for a correct
classification.
–The Different Types of Exemptions. One
determinant in status is whether the worker fits one of the FLSA exemptions,
which include executive, administrative, professional, and sales. Cooper will
explain how to measure the worker’s job against these categories, and she’ll
also explain “red flags” in job duties that would disallow what would otherwise
be an acceptable exemption.
— Illegal Docking of Exempt Pay. There are
exceptions to the general rule that exempt employees must receive their full pay
if they work even 1 hour in a week, but they’re easily misunderstood. In fact,
illegal docking of exempt pay is a key FLSA violation. Cooper will explain the
rule and the exceptions.
–“Nonstandard” Hours. Nonexempts must be
paid for every hour carrying out their primary job responsibilities, but what
about training time, travel time, comp time, and hours on-call? Cooper will
explore what is and isn’t owed in those situations.
Finally, she will discuss what to do if you audit
your FLSA compliance and find violations.
One low fee and your whole staff can finally
understand FLSA. Attend the audio conference or pre-order a CD. Click
here.
Obviously, violations must be corrected and
renumeration paid, but there are ways to do it that limit your legal exposure
and control your risk. Those ways will be explored.
The audio conference is set for Wednesday,
April 4, 2007. It will run for 90 minutes, from 1:30 p.m. to 3 p.m. Eastern.
(Adjust these times for your own time zone.)
The formal presentation will be followed by a
Q&A, in which listeners can e-mail or phone in as many questions as they
like. And as in all BLR audio conferences, one fee covers as many of your staff
as can fit around a speakerphone. (Those unable to attend can pre-order a CD
recording, to be shipped soon after the conference ends.)
Click the link below to register or place your CD
order.