DOL’s Latest Wage and Hour Enforcement Priorities

Avoiding Compliance Pitfalls and Costly Litigation Through Comprehensive Self-Audits and Corrective Measures

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 19, 2011

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for employment counsel for responding to the Department of Labor's increased wage and hour enforcement. The panel will discuss wage and hour practices currently targeted by the DOL, new DOL policy initiatives, and strategies for conducting self-audits and correcting errors.

Description

Wage and hour compliance is a top priority for employers as a result of the Department of Labor’s (DOL) increased enforcement efforts. The DOL reports that 78% of businesses are out of compliance with wage and hour laws, exposing employers to liability for unpaid wages, penalties and fees.

The DOL’s Wage and Hour Division has introduced several new policy initiatives designed to combat wage hour violations and issued several employee-friendly interpretive guidance documents and amicus briefs.

Employment counsel must understand the DOL’s current regulatory and enforcement landscape and advise employers of steps to take to minimize liability risks. Comprehensive self-audits and effective corrective measures are essential to avoid compliance errors.

Listen as our authoritative panel of employment law attorneys explains current trends in DOL enforcement and best practices for employment counsel to ensure wage and hour compliance. The panel will review the areas currently targeted by the DOL, new DOL policy initiatives, and strategies for employers to conduct self-audits and correct errors.

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Outline

  1. Wage and hour practices currently targeted by the DOL
    1. Misclassifying non-exempt employees as exempt
    2. Improper deductions from exempt employees’ salaries
    3. Treating employees as independent contractors
    4. Miscalculation of overtime
    5. Failure to pay overtime
    6. Recordkeeping
  2. Self-audit strategies
    1. Who should conduct audit?
    2. Review pay practices and policies — overtime, bonuses, etc.
    3. Review job descriptions versus what employees actually do
    4. Review new positions added after a merger or acquisition
    5. Documenting the audit
  3. Correcting errors and limiting liability exposure
    1. Establish compliance program
    2. Reclassify positions
    3. Consider voluntarily paying back wages
    4. Should you notify the DOL of error?
    5. Prepare for state or federal regulatory inquiry into classification practices

Benefits

The panel will review these and other key questions:

  • What areas are currently being targeted by the DOL's Wage and Hour Division for enforcement?
  • What self-audit strategies are effective to identify and correct errors — and protect a company from future liability?
  • When should employers take the initiative to notify the Department of Labor of compliance errors discovered during self audits?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Stephanie Dodge Gournis
Stephanie Dodge Gournis

Partner
Drinker Biddle & Reath

Ms. Dodge Gournis is engaged exclusively in the representation of management in all aspects of traditional labor...  |  Read More

Tabakman, Mark
Mark E. Tabakman

Partner
Fox Rothschild

Mr. Tabakman handles union and non-union matters for employers nationwide and concentrates in wage-hour law. He...  |  Read More

Rebecca L. Torrey
Rebecca L. Torrey

Partner
Manatt Phelps & Phillips

She regularly advises employers in the full range of employment matters, including wage and hour issues, protecting...  |  Read More

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