Exempt Employees: Taking the Guess Work out of Identifying and Paying Them

Course Description:

The FLSA contains a number of exemption, which basically provide that specific categories of employees and/or positions aren’t subject to the Act’s overtime requirements. Most common are the “white-collar” exemptions for executive, administrative, and professional employees, computer professionals, and outside sales employees.

Many employers think their employees are properly classified as overtime-exempt, only to find out that in fact they are improperly classified, and that their employees are entitled to back pay in the form of overtime pay and the same amount in liquidated damages. In other words, if you owe your employees any wages – either straight or overtime pay—you are on the hook, under the FLSA (federal law) for double that amount. If your employees work in a State with even more stringent wage and hour laws, you could end up paying more.

Wage and hour law in general, and employee classification in particular is very tricky, very nuanced and contains many pitfalls for even those employers who are otherwise knowledgeable and well-intentioned.

So what are the ovetime exemptions exactly? Who qualifies? 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!


Why Should You Attend?

During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime pay. 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).

With a Democratic and pro-employee President now in office, these considerations become even more relevant – and pressing—for employers.

You may think your employees are not eligible for overtime pay, because you pay them a salary or you call them a manager, or something similar – but in fact they may still be eligible for overtime pay. Under the FLSA alone, you could then owing that employee up to 2-3 years of overtime pay, plus the same amount in liquidated damages, in addition their attorney’s fees. If that’s not enough, State wage and hour laws can impose additional requirements – and attendant penalties.


Areas Covered in the Webinar:

  • Difference between exempt v non-exempt employees
  • The salary basis test
  • The most common exemption categories
  • The duties test
  • Job Titles and Descriptions
  • Discretion
  • Supervision
  • Authority
  • Case examples: Pharma sales reps, Financial services employees
  • New Overtime Rules that went into effect on January 1, 2020


Who Will Benefit:

  • CEO’s
  • CFO’s
  • Controllers
  • Compensation Officers
  • HR Directors and Managers
  • Senior Managers
  • Business Owners
  • Payroll Managers

Our Speaker

Janette Levey Frisch

Janette Levey Frisch is an attorney with more than 20 years’ legal experience. She 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. She authors the firm’s weekly blog, where she discusses issues impacting employers today. She has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Ms. Frisch has also spoken and trained on topics, such as criminal background checks in the hiring process, joint employment, severance arrangements, pre-employment screening among many others. She is licensed in New Jersey and New York. In addition, she serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Ms. Frisch is also a contributor to the recently released book, “Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition,” published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

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