Don't let wage and hour class and collective actions become a costly issue for your company.
Fair Labor Standards Act (FLSA) collective actions represented one of the largest categories of class action filings. Wage and hour actions permeate virtually all industries resulting in huge jury verdicts and settlements. This topic will teach you how to avoid these disasters through effective preventive action, including attorney-client privileged audits of employee classification and off-the-clock work issues; how to identify and correct these problems before litigation; how to identify and address exempt to nonexempt conversions and back pay issues; and how to do the tough liability and damages analysis that can lead to cost-effective settlements with government or private plaintiffs when litigation is threatened. This topic is critical for employers looking to make sure their workplace is in order before getting into costly litigation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Common FLSA Collective Action Issues
- Exempt vs. Nonexempt Employee
- Independent Contractor vs. Employee
- DOL's Position on Independent Contractors
- State Rules on Independent Contractors
- Off-the-Clock Work
- Burden of Proof on Employer
- Attorneys' Fees to Prevailing Plaintiffs Drives These Cases
White Collar Exemptions - FLSA
- DOL Salary Rules
- Administrative
- Executive
- Professional
- Outside Sales
- Certain Computer Employees
- Highly Compensated
Wage and Hour Basics
- Regular Rate of Pay
- Overtime Compliance
- What Constitutes Work Time and Off-the-Clock Work
- Meal Periods and Rest Breaks
- Supervisory Training Regarding
Identifying and Solving Problems Before Litigation
- Wage and Hour Audits
- Communicating Audit Findings and Solutions to Upper Management
- Employee Issues With Change of Status From Exempt to Nonexempt
- Communicating With Employees
- Settlement and Release Issues, and Back Pay
- Pre-Litigation Settlements With Government or Private Plaintiffs
Litigation/Settlement
- Determine Probable Liability or Defenses
- Quantify Potential and Likely Damages
- Analyze Settlement Options
- Evaluate Policy Changes
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 24, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Sara Zorich
Amundsen Davis, LLC
- Partner in the St. Charles office of SmithAmundsen LLC
- Employment attorney handling immigration workplace enforcement, wage and hour issues, and discrimination issues
- Routinely conducts seminars and workshops relating to wage and hour compliance, Form I-9 audits/compliance, E-Verify compliance, workplace enforcement, defense of governmental immigration related audits, and defense of discrimination claims relating to immigration status
- Selected to the Illinois Super Lawyers list of "Rising Stars": 2010 to 2016
- Member: American Immigration Lawyers Association; Society for Human Resource Management (SHRM)
- Can be contacted at 312-894-3200 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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