Stay up to date on FLSA issues and make sure you are in compliance.
Employers need to be vigilant regarding federal and state wage and hour rules and how they may impact the workplace. Basically, it is easy to comply with federal and state minimum hourly rates for employees. The hourly rate is set by the employer--as long as it is at least the minimum under federal/state/municipal law. The regular rate is set by law, which generally will increase the hourly rate, including the overtime rate for those amounts of money earned by the employee in addition to the hourly rate (e.g. pay differentials, non-discretionary bonuses, hazard pay). The major pitfall for employers is misclassifying an employee as exempt from the overtime rule. To satisfy the particular exemption, there is a salary test and a duties test; the employer must comply with both tests for the particular exemption or exemptions that may apply to the employee. There are useful risk-management steps that an employer can take to avoid mistakes, such as carefully drafted job descriptions, employee audits, and handbook provisions regarding wage and hour concerns by employees.
Agenda
Faculty
Michael Latimer
Law Office OF Michael R. Latimer
Michael R. Latimer
- Owner Latimer Law, PLLC
- Practice Wage & Hour Law for over thirty years
- Practice emphasizes all aspects of employment law
- Various speaker engagements
- Author of Deskbook in Employment Law
- Membership in several federal courts and Fifth Circuit Court of Appeals
- Cum Laude Graduate, State University of New York, Albany
- J.D. Degree from St. Mary’s University, San Antonio Texas
- In House Counsel for California Company
- Director of Risk Management California Restaurant chain
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