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Overview
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, what is compensable and non-compensable time, paid and unpaid break times, changes to the “regular rate of pay,” and much more.
Why you should Attend
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.
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 protection 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
- Managers
- Supervisors
- Business owners
- Payroll professionals
Speaker Profile
Steven G. Meilleur Ph.D., SHRM-SCP, SPHR is President/CEO of PRAXIS Management Solutions, LLC, a training and consulting cooperative with a team of expert, and experienced associates specializing in all aspects of human resource management, organizational management, research and assessment, risk management, strategic and operational planning, organizational development, and nonprofit management & board governance, in the public, private for-profit, and private non-profit sectors.
He also serves as Sr. Vice-President of Risk Services - HR & Employment, for Poms & Associates, leading a team providing consulting and other support services to clients nationwide in human resources and employment matters. Dr. Meilleur is also a faculty member with the UNM graduate School of Public Administration, teaching in the areas of human resource management, leadership, organizational behavior, strategy and change, and NPO management.
With more than 50 years of experience as a working professional in human resources in the public, private for-profit, and private non-profit sectors, having served in executive and other management positions.
Dr. Meilleur received his BA in English Literature and Education at Bucknell University, and his Executive MBA & Ph.D. from the University of New Mexico. He earned both the SPHR and SHRM-SCP professional certifications from the Society for Human Resource Management.
Instructor
Steven G. Meilleur