Exempt v Non-Exempt Employee & the FLSA Overtime Rules: The Difference and Why it Matters

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SHRM & HRCI Approved Webinar  |  CEUs = 1.5 Credit Hours

Overview:

During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime. Those classifications are commonly referred to as exempt employees (those who meet the FLSA’s requirements to be exempt from overtime pay) and non-exempt employees (employees the law requires to be paid overtime).

What are these exemptions exactly? Who qualifies? What is the potential impact of the proposed new rules? What must you do to make sure that your employees are properly classified, and most importantly how can you make sure that your practices comply with the Fair Labor Standards Act so you do not fall prey to a Department of Labor audit – or worse, a lawsuit—resulting in unpaid overtime, liquidated damages, other fines, and penalties in addition to your legal fees? Join this webinar and find out!

What will You Learn:

  • Difference between exempt v non-exempt employees;
  • The salary basis test;
  • The most common exemption categories;
  • The duties test;
  • Job Titles and Descriptions;
  • Job Evaluations, Supervisor and Employee Interviews;
  1. Discretion
  2. Supervision
  3. Authority
  4. Case examples: Pharma sales reps; Auto service rep’s; Financial services employees
  • The Overtime Rules that took effect on January 1, 2020
  • The Latest proposed updates to the Overtime Rules

Why should you Attend:

While properly classifying an employee is challenging, ultimately, an employer’s life is much easier when it does so properly from the beginning. Misclassifying an employee as exempt can lead to an employer not only owing two or more years’ worth of overtime, but liquidated damages in at least the same amount (yes, at least double the amount of straight and overtime pay). Add to that, when an employer is found to owe an employee even one penny of straight and/or overtime wages, it can be on the hook for the employees’ attorney fees, adding up to a huge payout after protracted litigation. Learning the fundamentals and knowing when you need to get help from competent employee counsel goes a long way toward preventing those results. This webinar will get you started in the right direction.

Who should Attend:

  • Business owners
  • CEO’s
  • CFO’s
  • Controllers
  • Compensation Officers
  • Payroll Administrators
  • Human Resources Practitioners at all levels
  • Senior Managers

SHRM -

CEU Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit - portal.shrm.org.

HRCI -

This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute.

The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.

Author Images
Janette S. Levey
The Employers Lawyer

Janette S Levey “The Employer’s Lawyer” has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.

Janette works with employers on most employment law issues, to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette currently serves as an Advisory Board Member for Child and Family Resources of Morris County, New Jersey.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Addressing and Preventing Employee Leave Abuse, Pre-Employment Screening among many, many others.