Correct employee classification is essential.
The most important, and often most troublesome, exemptions to the minimum wage and overtime requirements under federal and state law are the white-collar exemptions. The FLSA and most state laws provide exemptions for “any employee employed in a bona fide executive, administrative, or professional capacity.” The statutes typically do not define these terms; however, USDOL has issued extensive interpretive materials on the subject. This white paper reviews how to qualify for the executive, administrative, or professional exemptions and discusses the duties test and the salary basis test.
Agenda
Faculty
Michael A. Pavlick
K&L Gates LLP
- Partner in the Pittsburgh office of K&L Gates LLP
- Practice emphasizes all aspects of labor and employment law, with a focus on wage and hour law and traditional labor law
- Has represented a variety of clients in cutting-edge cases and cases of first impression
- Conducts regular seminars and workshops on numerous aspects of labor and employment compliance
- Written several publications related to the areas of labor and employment
- Best Lawyers’ Lawyer of the Year in 2012 for labor and employment litigation in Pittsburgh, and a Best Lawyer pick every year since
- Former judicial clerk for U.S. Court of Appeals Judge
- J.D. degree, magna cum laude and Order of the Coif, Case Western Reserve University; B.A. degree, magna cum laude, Phi Beta Kappa, Drew University
- Can be contacted at [email protected]
Patrick M. Madden
K&L Gates LLP
- Partner and former co-chair of the Labor and Employment and Class Action Practice Groups at K&L Gates LLP
- Advises employers on wage and hour payment and compliance and compensation plan design
- Assists employers responding to agency investigations; and represents employers in wage and hour, discrimination, and other employment lawsuits at the state and federal levels
- Worked on hundreds of state, regional, and national wage and hour class actions, including lawsuits involving wage calculation and payment issues, entitlement to overtime and benefits, off-the-clock claims, challenges to exempt status, and claims to employee status
- Listed as a top labor and employment attorney in The Best Lawyers in America and Chambers USA: America’s Leading Lawyers for Business, a super lawyer in Washington Law & Politics, a Washington State litigation star by Benchmark Litigation, and a leading employment lawyer in Seattle Business and Seattle Metropolitan magazines
- Frequently speaks, writes, and testifies on wage and hour and wage payment issues
- J.D. degree, with highest honors, University of Washington School of Law, where he was managing editor of the Washington Law Review; B.F.A. degree, Pacific Lutheran University
- Can be contacted at [email protected]
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