The Fair Labor Standards Act (FLSA) may be the most challenging of employment and labor laws for HR - it is critical that you understand your compliance obligations under the FLSA. Determining what is and is not working time is a serious challenge for employers, and errors can result in devastating monetary consequences for employers. The Department of Labor can require employers in violation of the FLSA to pay unpaid wages, penalties and plaintiffs' attorney fees.
Although the Fair Labor Standards Act has been around a long time, it is one of the most frequently violated employment laws. This course will cover the most common mistakes employers make regarding wage and hour issues. The major provisions of the FLSA are concerned with minimum wage rates and overtime payments, child labor, and equal pay.
Failure to comply with Wage & Hour laws may result in the employer paying the employee back wages, damages, penalties, attorney fees and court costs, plus the prospect of civil and criminal penalties from federal and/or state governments. Therefore, Wage & Hour compliance is of the utmost importance.
We will look at the most common mistakes employers make regarding wage and hour issues, FLSA exemptions and worker classification. You will also learn how to avoid non-exempt overtime calculation mistakes, and what is compensable and non-compensable time, paid and unpaid break times, changes to the “regular rate of pay,” and much more.
Areas Covered in the Session
- The Fair Labor Standards Act (FLSA), what it covers and why it exists
- The 3 tests to qualify as Exempt from the requirements of the FLSA
- The DOL’s new overtime regulations, and changes in exemption criteria
- Criteria for the 6 exemption classifications, and who qualifies
- Problematic pay practices that put an employee’s exempt status at risk
- What to include as compensable time under the FLSA
- Legal methods of calculating the “regular rate of pay” for OT purposes
- Overtime rules and how overtime pay is calculated
- What workers are considered independent contractors under the FLSA
- FLSA Recordkeeping and posting requirements
- Treatment of Meal Breaks, Travel, Training and Time Spent On-Call
- Minimum Wage Requirements by State and Contract
- Special FLSA issues in public sector organizations
- The rules that apply to fire protections and law enforcement personnel
- The FLSA and state wage & hour laws: Key differences
- FLSA tips for the wary, traps for the unwary
Who Will Benefit
- HR Professionals
- Business Owners
- Payroll Professionals
Steven G. Meilleur, Ph.D., SPHR – is President, CEO – PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, employee relations, leadership, training & organizational development, organizational research and assessment, strategic & operational planning, and non-profit organization management and governance. Dr. Meilleur has more than 40 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors.
Dr. Meilleur also serves as Senior Vice-President and Risk Services Consultant for Human Resources and Employment with Poms & Associates, a national risk services and insurance brokerage firm. His previous work experience includes public, private, and nonprofit organizations, in executive and management capacities.
He is also on the faculty of the UNM School of Public Administration in the graduate program, teaching in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development. He has spoken at numerous conferences and workshops across the country, and is a published author in the areas of human resources, marketing, leadership and management development, organizational change and innovation, non-profit organization management, and board development.
Dr. Meilleur received a BA in English Literature and Education from Bucknell University, an Executive MBA from the University of New Mexico's Anderson Graduate School of Management, and his Ph.D. in Leadership and Organizational Learning from UNM. He received his certification as a Senior Professional in Human Resources (SPHR) by the Society for Human Resource Management in 1995.