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
This CLE course 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.
Outline
- Wage and hour practices currently targeted by the DOL
- Misclassifying non-exempt employees as exempt
- Improper deductions from exempt employees’ salaries
- Treating employees as independent contractors
- Miscalculation of overtime
- Failure to pay overtime
- Recordkeeping
- Self-audit strategies
- Who should conduct audit?
- Review pay practices and policies — overtime, bonuses, etc.
- Review job descriptions versus what employees actually do
- Review new positions added after a merger or acquisition
- Documenting the audit
- Correcting errors and limiting liability exposure
- Establish compliance program
- Reclassify positions
- Consider voluntarily paying back wages
- Should you notify the DOL of error?
- 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
Partner
Drinker Biddle & Reath
Ms. Dodge Gournis is engaged exclusively in the representation of management in all aspects of traditional labor... | Read More
Ms. Dodge Gournis is engaged exclusively in the representation of management in all aspects of traditional labor and employment matters. She regularly represents employers in defending administrative and federal/state court complaints involving equal employment opportunity discrimination, retaliatory discharge, harassment, whistleblower rights, the FMLA, the ADA, the FLSA and state wage and hour claims.
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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
Mr. Tabakman handles union and non-union matters for employers nationwide and concentrates in wage-hour law. He has represented more than 200 clients before the U.S. and state Departments of Labor on misclassification (exemptions), working time, and child labor. He authors a blog that provides the latest information and observations on new developments in wage-hour law.
CloseRebecca 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
She regularly advises employers in the full range of employment matters, including wage and hour issues, protecting trade secrets and the use of nondisclosure agreements, unlawful harassment prevention, EEO and affirmative action compliance, leaves of absence, background and drug screening, employment agreements, the use of independent contractors and hiring and termination decisions.
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