Wage & Hour Compliance Virtual Summit Agenda
Resurgent DOL Ramps Up Its Wage & Hour Investigations: Are You Prepared?
There’s a new Wage & Hour Division growing under the Obama administration. In response to a 2009 Government Accountability Office report on “sluggish response times” for DOL investigations, the agency has spent millions to hire hundreds of additional investigators to investigate wage & hour violators.
The Division also has begun flexing its muscles on the guidance front in 2010, scrapping its traditional “opinion letters” on isolated wage and hour cases in favor of broader, more inclusive statements about the rules that employers should follow. With this session, we’ll explore what the stepped-up enforcement means for employers and what you can do NOW to prepare for a possible DOL audit.
Key Learning Objectives:
- What consumes DOL investigators these days? An analysis of DOL’s current investigatory priorities
- Your first course of action when learning of an impending audit
- Where the DOL might look: The company policies most likely to be targeted during an audit, such as FMLA practices and other possible target areas
- How to prepare your employees who may be interviewed by DOL investigators
- Your organization’s legal rights during a DOL audit & the agency’s legal rights during an audit
- Why the Division’s new approach to opinion letters could mean more bad surprises for employers in the next few years
Reducing Exposure to Wage and Hour Liabilities
Protecting your organization from FLSA claims and lawsuits requires more than just prohibiting overtime and paying it when it’s owed. Some of the best ways to reduce overtime liabilities involve the implementation of wage and hour policies and practices that either prevent employees from working extra hours (alternative work schedules) or prevent the FLSA from applying at all (independent contractors). But these strategies must be undertaken with great care, especially in a down economy, when employees seem more prone to filing lawsuits.
Key Learning Objectives:
- Alternative work schedules: Using them to reduce overtime worked and owed
- Employee or independent contractor: Avoiding a different kind of misclassification
- Comp time plans are only as good as they are legal, and for non-governmental employers they're a no-no
- FLSA recordkeeping rules: How your records can protect you from unsubstantiated claims
What Is Work Time?
Nonexempt employees must be paid for all hours worked and receive overtime compensation for all overtime worked. What is work time? Answering that seemingly simple question isn’t always as easy as it sounds. This session teaches you how to properly calculate hours worked for the purpose of determining whether and how much overtime to pay to nonexempt employees.
Key Learning Objectives:
- Understanding the basic rule: when is the employee on your clock?
- Avoid breaking the rules on break time (automated break time deductions and more)
- Newly allowed unpaid breaks for mothers breastfeeding at work (unless your state law says otherwise)
- When traveling becomes compensable
- Donning and doffing: when you have to pay for it
- Working from home/telecommuting
- On call/on duty and the 24-hour rule
- Training employees
Doing the Math: Calculating Overtime Wages With Confidence
Calculating the amount of overtime owed is a multi-step process that requires a lot more than just multiplying an employee’s hourly rate by 1.5. Overtime paid must be based on the employee's “regular rate,” which isn’t necessarily the same thing as her hourly rate. To get it right, the employee’s regular rate might even need to be recalculated every week, and it must be based on all remuneration the employee received, including irregular compensation such as bonuses and commissions.
Key Learning Objectives:
- Understanding the concepts of “remuneration” and “regular rate” under the FLSA
- Avoiding minimum wage violations among tipped employees
- Correctly calculating overtime pay for non-hourly workers
- Exploring alternative overtime calculation methods for salaried non-exempt employees
- Avoiding the most common overtime calculation errors
- Tackling tricky deferred compensation issues
- Structuring bonus and deferred compensation plans to reduce overtime liabilities
Managing White Collar/Salaried Exemption Challenges
Classifying employees as exempt from the FLSA’s overtime requirements calls for far more than simply paying them a salary. All exempt white collar employees also must perform specific types of job duties - known as exempt duties. What does that mean for each of the major exemptions? In this session, your speaker will answer that question, with a particular focus on dispelling the many myths associated with the white collar exemptions.
Key Learning Objectives:
- Exempt duties for executive employees
- Supervising employees
- Making or recommending employment decisions
- Exempt duties for administrative employees
- Wage and Hour Division’s 2010 game-changing guidance on the administrative exemption and mortgage loan officers
- Performing office or non-manual work directly related to management or business operations
- Exercising discretion and independent judgment with respect to matters of significance
- Never fly solo on classification decisions (Employment lawyers and the DOL are both excellent resources.)
Understanding the Salaried Basis Test
Making improper salary deductions is the surest way to place an employee’s exempt status in jeopardy. In this session you’ll learn how to safeguard the “salaried” status of your exempt employees and avoid illegal deductions. You'll also learn when it is OK to dock an exempt employee’s pay.
Key Learning Objectives:
- Avoiding the loss of exempt status through illegal pay deductions
- Learn when it's OK to dock an exempt employee's salary
- Deciding whether to track time for exempt employees
- Your attendance policy and your exempt workforce: FLSA-compliant enforcement strategies
- Understanding the interplay between your paid leave policies and the FLSA
Another Looming Pay Issue: Compensation Discrimination Claims
Compensation discrimination continues to be a problem for U.S. employers. Since the enactment of the Lilly Ledbetter Fair Pay Act in 2009, close to 4,800 charges have been filed with the EEOC alleging wage discrimination. In this session, learn what employers must do to avoid these claims, how to comply with the recently enacted Ledbetter Act, and how to prepare for the looming Paycheck Fairness Act, which adds new regulatory mojo to the Equal Pay Act.
Key Learning Objectives:
- How to conduct an extensive in-house audit of your existing compensation policies and pay levels to identify and rectify possible inequities
- Best practices for monitoring pay levels and practices to prevent future equal-pay claims
- The hidden loopholes in Ledbetter that could make it easier for your workers to file pay-related claims
- Steps you should take when employees complain about perceived pay inequities
- How the Paycheck Fairness Act (PFA) could facilitate pay discrimination class actions
- Other key provisions of the PFA that employers need to know, including the removal of limits on punitive damages for which employers would be liable
Your Toughest FLSA Questions Answered
Perplexed by an unusual wage and hour issue? Well, there’s good news for the FLSA tired and confused, because we have designed a session that gives you the forum to have your questions answered. In this session, you and your fellow attendees will control the session and the content. Our panel of experts will answer your FLSA questions and help you wrap your mind around the intricacies of federal wage and hour law. Don’t be shy! Our expert panel is ready to help tackle your toughest challenges.