Exempt or Non-Exempt? Overcoming Latest Employee Misclassification Challenges
Conducting Self-Audits, Identifying Vulnerabilities, Correcting Errors, and Minimizing Liability Under FLSA and State Law
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide counsel in identifying employment positions that are most at risk for misclassification under the Fair Labor Standards Act (FLSA) and state law, advising employers on conducting self audits, and implementing measures to correct misclassification errors to minimize liability exposure.
- Current legal trends
- Positions most vulnerable for FLSA and state claims—and how to determine correct classification
- Clerical and administrative support personnel
- Assistant managers, supervisors and team leaders without sufficient staff
- IT workers
- Sales staff
- 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 to protect exemptions
- Consider voluntarily paying back wages
- Should you notify the DOL of error?
- Prepare for state or federal regulatory inquiry into classification practices
The panel will review these and other key issues:
- Which positions are most often misclassified as exempt—and how can employers and their counsel best determine the appropriate classification for such positions?
- What self-audit approaches are effective to identify and correct errors—and protect the company from future liability?
- What are the legal risks of voluntarily paying back wages to misclassified employees?
- Should employers take the initiative to notify the Department of Labor of classification errors discovered during self audits?
Brent E. Pelton
Mr. Pelton's practice focuses on representing employees alleging violations of the Fair Labor Standards Act... | Read More
Mr. Pelton's practice focuses on representing employees alleging violations of the Fair Labor Standards Act (“FLSA”) and its state law counterparts, employees who have been subject to sexual harassment and other forms of workplace discrimination. He has served as lead counsel or co-lead counsel on FLSA collective actions and other class actions against some of the largest companies in the country.Close
Mark E. Tabakman
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.Close
Noel P. Tripp
Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state... | Read More
Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principal focus is the defense of class and collective action lawsuits under federal and state wage-and-hour lawsClose