Exempt or Non-Exempt: What the FLSA Requires and the Impact of the Revised Overtime Rule

The Department of Labor (DOL) continues its aggressive crackdown on employers for improper classification of workers as exempt when the employee is actually non-exempt under the Fair Labor Standards Act (FLSA). The risk to employers from getting the exempt versus non-exempt classification decision wrong is not only from the DOL, but also from possible employee litigation. In addition, employers should also be familiar with the recently issued final rule on overtime. Properly determining who qualifies for overtime pay and who doesn’t, however, is more complicated than it appears. For example, are all salaried employees exempt? Are hourly workers automatically classified as non-exempt? How does the employee’s level of responsibility and job duties figure into the decision? What is the outside sales exemption? However, one thing is for sure and that is that the longstanding overtime rules are changing soon.

Please join this webinar as you will learn step-by-step how to determine when an employee is exempt or non-exempt based on FLSA requirements. Clear explanations and illustrations will leave you with a practical understanding of the FLSA requirements, and in a stronger position to defend your decisions. This will also help you to understand how the revisions to the FLSA overtime regulations will impact the classification process.

What this session will cover:

• DOL "red flags” you need to avoid when classifying a worker as either exempt or non- exempt.
• Employer risks associated with misclassification of employees.
• Learn the differences between the “white-collar” executive, professional, and administrative exemptions.
• Review the three tests you must apply to properly classify your employees as either exempt or non-exempt.
• Understand how to properly apply the “duties” test.
• Learn about the “Outside Sales Exemption.”
• Understand what the revisions to the FLSA require and how they will impact you in classification of your employees as exempt vs. non-exempt.
• Review the legal pitfalls of misclassification.
• Review case studies of employers that got it wrong.
• Learn what documents can best mitigate your liability should you get sued.
• AND MUCH MORE!

Who Will Benefit:

• HR Professionals
• HR Directors
• In-House Counsel
• Financial Officers
• CFOs
• Payroll Professionals
• Business Owners

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