Evolving FLSA, ACA, DOL and NLRB Requirements: Unraveling the Overlapping Regulatory Regimes
Avoiding Employee Misclassification Claims, Overtime Liability and Coverage Penalties While Meeting Business Objectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course for employment counsel will discuss the challenges to employers presented by recent major developments in key workplace laws—proposed revisions to the Fair Labor Standards Act, the new requirements of the Affordable Care Act, the Department of Labor’s position that most independent contractors are really employees, and the National Labor Relations Board’s new standard for establishing joint-employer status.
Outline
- Proposed amendments to FLSA white-collar exemptions
- DOL approach to independent contractors
- NLRB and joint employer relationships
- ACA requirements and potential penalties
- Best practices for meeting compliance and operational objectives
Benefits
The panel will review these and other key issues:
- How will proposed changes to the FLSA’s white-collar exemptions affect employers?
- How do the laws differ in classifying workers?
- How should employers evaluate their current practices to ensure future compliance?
- How should companies consider structuring operations and revising their practices and agreements in light of the NLRB’s ruling on joint-employer status?
Faculty
Nicole D. Bogard
Partner
Seyfarth Shaw
Ms. Bogard practices in the firm's Employee Benefits & Executive Compensation Department where she collaborates... | Read More
Ms. Bogard practices in the firm's Employee Benefits & Executive Compensation Department where she collaborates with executives, in-house counsel and human resource professionals at publicly traded and private companies to design compliant total rewards programs that facilitate business objectives. She has considerable experience with counseling clients on the Affordable Care Act, HIPAA privacy and security rules, wellness programs, self-funded health plans, COBRA administration, and nondiscrimination rules. Ms. Bogard also represents clients with matters before the IRS and the DOL.
CloseHeather G. Havette
Partner
Seyfarth Shaw
Ms. Havette practices in the firm's national Wage & Hour Litigation Practice Group where she advises employers... | Read More
Ms. Havette practices in the firm's national Wage & Hour Litigation Practice Group where she advises employers of their rights and obligations under the Fair Labor Standards Act and represents management in litigation and administrative enforcement actions arising under state and federal wage and hour laws. In addition to her litigation experience, Ms. Havette counsels employers on proactive ways to comply with state and federal wage and hour laws and has considerable experience in conducting large scale audits of employer workforces.
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Louisa J. Johnson
Partner
Seyfarth Shaw
Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the... | Read More
Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the majority of her practice to defending management in both single-plaintiff and complex federal and state wage and hour litigation and to conducting preventative workplace assessments of employers’ pay practices and employee classifications to ensure compliance with the FLSA and state wage and hour laws. She has conducted more than thirty preventative workplace assessments for companies regarding the classification of employees as exempt or non-exempt, the pay practices and policies with respect to non-exempt, overtime-eligible employees (including tipped employees), and the classification of certain workers as independent contractors.
CloseStuart Newman
Partner
Seyfarth Shaw
Mr. Newman is a partner in the firm's Labor & Employment Department where his practice, which is national in... | Read More
Mr. Newman is a partner in the firm's Labor & Employment Department where his practice, which is national in scope, focuses on traditional labor relations matters, managing employment litigation, preventive counseling and management training in labor and employment law subjects. He has extensive experience before the NLRB in representation and unfair labor practices cases. Mr. Newman serves as a management trainer and has presented countless seminars and workshops in preventive labor relations, exercising management rights in the unionized environment and managing effectively within the equal employment opportunity laws.
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