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HRCI

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This activity has been approved for 1.5 HR (General) recertification credit hours toward aPHR, ...more


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Overview

The overtime threshold is a salary level used to determine which employees are eligible to receive overtime pay when they work over 40 hours in a single workweek. The federal rules governing overtime pay were established by the Fair Labor Standards Act (FLSA), which also described which workers are exempt from these rules and which are not.

For non-exempt employees under FLSA, the overtime rate is at least one-and-a-half times the regular rate of pay for any hours worked above 40 in a given workweek. FLSA defines a workweek as a consecutive seven-day period of time. Employers can choose to pay a higher overtime rate if they wish, but they must meet the minimum federal standard.

Exempt employees, on the other hand, do not qualify to receive overtime pay. The overtime threshold and certain job duties—not job titles-classify individuals for exempt status. These roles are typically based on a yearly salary whereas non-exempt workers are usually hourly.

Why you should Attend

The Previous overtime rule impacted Employers and employees in a way that affected morale, changed exempt employees to non-exempt employees, impacted salary calculations, changed employee classification, and made the change an administrative nightmare.

Job descriptions were challenged, and employee positions based on responsibilities impact the change, not titles.

It's important to correctly classify employees under the FLSA guidelines. Whether an employee will be hourly or salaried is not left entirely to an employer's discretion, and the distinction is not as simple as "blue-collar" or "white-collar."

Misclassification is one of the most common compliance mistakes. It can be costly on its own, but it also has implications that can lead to further non-compliance issues regarding attendance, timesheets, payroll, and benefits.

Now maybe a good time for employers to consider whether the new rules provide a good opportunity to audit "close call" jobs in their exempt workforce to ensure they remain properly classified (and, if need be, to sync any necessary changes with the implementation of a new rule).

Areas Covered in the Session

  • What is the reason that the Department of Labor (DOL) proposed this new overtime rule?
  • Learn why the proposed increase will shift employee's classification
  • Learn how the proposed rule will impact the Employer's budget
  • Learn how the 2020 overtime rule left Employers unprepared
  • Learn what resources and guidance will be offered to Employers to mitigate the changes
  • Learn how the Duties Test identifies the classification of exempt and non-exempt employees
  • Learn how Employers need to determine the proper classification of employees or risk fines and penalties
  • Learn why the Fair Labor Standards Act provides Employers with the necessary resources to manage this process
  • There are several components to the proposed rule which include a  proposal which was scheduled for April 2022,  public comments period, and the publishing of the rule with expected dates for implementation
  • Learn how training managers, supervisors, and other professionals on the proposed changes will help your risk management strategy
  • Learn how to prepare for the proposed rule and be confident with compliance efforts

Who Will Benefit

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Payroll Administrators
  • HR Professionals
  • Managers/Supervisors
  • Employers in all industries
  • Small Business Owners

Speaker Profile

Margie Faulk, a senior level human resources and compliance professional with over 14 years of HR management and compliance experience. A current Compliance Officer/Advisor for HR Compliance Solutions, LLC. Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.

This includes Federal Contracting in the defense, military, anti-Terrorism and Apache Helicopter Training Simulations with Federal Acquisition Regulations (FAR), Federal Sentencing Guidelines (FSG) and Office of Federal Contract Compliance Program (OFCCP). Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie's focus has expanded to Global Workplace Compliance in International, multi-state, multi-National, state and local workplace compliance which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few. Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to HR professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).