FLSA Administrative and Executive Exemptions: Avoiding, Auditing and Correcting Misclassifications

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

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Conducted on Wednesday, August 5, 2015

Recorded event now available

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Course Materials

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.

Description

Wage and hour lawsuits are one of the most significant workplace liability risks for employers, and settling or losing a wage and hour action is expensive. The FLSA’s “white collar” exemption categories are fertile ground for litigation, including class action lawsuits.

The administrative exemption leads to numerous disputes due to its many gray areas. Whether a position qualifies as exempt depends on a fact-intensive examination of the role of the position in the employer’s business, the amount of discretion and independent judgment an employee exercises and the areas in which the employee exercises that discretion and independent judgment. The executive exemption also requires a case-by-case analysis; employees with “manager” title are not necessarily exempt from FLSA requirements. Companies must avoid employment practices that jeopardize otherwise legitimate exempt classifications and cause the loss of the exemption for an entire category of employees.

Listen as our authoritative panel of employment attorneys provides an in-depth analysis of the murky administrative and executive FLSA exemptions and the position classifications and industries most likely to be challenged by employees. Learn what counsel to employers must do to ensure that these white collar classifications withstand legal scrutiny and what practices can jeopardize the exemptions.

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Outline

  1. Overview of FLSA minimum wage and overtime pay requirements
  2. Executive exemption tests
  3. Administrative exemption tests
  4. Self-audit strategies and techniques
  5. 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
Robert M. Hale
Partner
Goodwin Procter

Mr. Hale, Chair of the firm’s Labor & Employment Practice, represents employers across a broad spectrum...  |  Read More

Janet A. Hendrick
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

Staci Ketay Rotman
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

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