FLSA Administrative and Executive Exemptions: Avoiding, Auditing and Correcting Misclassifications
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide employment counsel with an in-depth examination of the FLSA’s administrative and executive exemptions, two of the most difficult compliance challenges and most frequently litigated classifications. The panel will outline best practices to help companies follow best employment practices to avoid jeopardizing exemptions that lead to FLSA misclassification claims.
Outline
- Overview of FLSA minimum wage and overtime pay requirements
- Executive exemption tests
- Administrative exemption tests
- Self-audit strategies and techniques
- Steps for correcting misclassification errors and limiting exposure to claims
Benefits
The panel will review these and other key issues:
- What supervisory duties must a position encompass to qualify for the executive exemption?
- How have courts interpreted the “discretion and independent judgment” factor of the administrative exemption?
- What corrective actions should companies take after uncovering a misclassification?
- What effect might the proposed DOL rule to implement President Obama’s directive on the white collar exemptions have on employers?
Faculty

Robert M. Hale
Partner
Goodwin Procter
Mr. Hale, Chair of the firm’s Labor & Employment Practice, represents employers across a broad spectrum... | Read More
Mr. Hale, Chair of the firm’s Labor & Employment Practice, represents employers across a broad spectrum of employment matters. His practice involves representation of clients in employment litigation, including noncompetition, discrimination, wrongful discharge, FLSA and ERISA litigation. Mr. Hale is experienced in successfully representing employers before administrative agencies and in labor arbitrations. He is a former Employer Co-Chair of the Federal Labor Standards Legislation Committee of the ABA.
Close
Janet A. Hendrick
Of Counsel
Fisher & Phillips
Ms. Hendrick’s practice focuses on employment litigation for national and regional employers of all sizes in... | Read More
Ms. Hendrick’s practice focuses on employment litigation for national and regional employers of all sizes in industries including manufacturing, retail, healthcare, finance, consulting, and hospitality, in administrative, state, and federal court actions. She represents clients in all areas of litigation under state and federal fair employment practice statutes, including the Civil Rights Act, ADA, FMLA, FLSA and ERISA.
Close
Staci Ketay Rotman
Partner
Franczek Radelet
Ms. Ketay Rotman represents employers in a wide variety of industries in all aspects of labor and employment... | Read More
Ms. Ketay Rotman represents employers in a wide variety of industries in all aspects of labor and employment law. She represents clients before federal and state courts and administrative agencies and advises employers on the Fair Labor Standards Act and related state statutes, ranging from worker classification audits to claims alleging unpaid wages. Ms. Ketay Rotman is the author of a number of articles on wage and hour issues and is a frequent speaker on employment law topics.
Close