Learn about all the new updates in the Fair Labor Standards Act.
Most employers in the United States must comply with the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). The FLSA contains numerous exemptions from those requirements, and the exemptions most frequently invoked, and which result in the most litigation, are the white- collar exemptions for executive, administrative, and professional employees. One requirement of the white-collar exemptions is the "salary level" test, which requires the employee receive a salary of a specified minimum amount. The minimum salary level was last established in 2004. In 2016 the United States Department of Labor (DOL), which enforces the FLSA, issued regulations which, among other things, greatly increased the minimum salary, but those regulations were struck down in court. On September 27, 2019, the DOL issued new regulations which, effective January 1, 2020, again increase the salary level above the levels established in 2004 but less than the levels established in 2016, and make certain other changes to the white-collar exemption rules. It is imperative that employers comply with the new regulations, since failing to do so can result in misclassification of employees as exempt, leading to substantial legal liability. This topic will help employers and human resource professionals understand and apply these important new regulations.
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Agenda
Background of the 2019 Final Rule
- Pre-2016 Regulations
- 2016 Final Rule
- Challenges to 2016 Final Rule
- 2019 Notice of Proposed Rulemaking
- 2019 Final Rule
Changes Made by the 2019 Final Rule
- Executive Employees
- Administrative Employees
- Professional Employees
- Educational Establishments
- Computer Employees
- Highly Compensated Employees
- Business Owners
- Nondiscretionary Bonuses, Incentives, and Commissions
- Minimum Guarantee Plus Extras
- Future Updates to Earning Thresholds
Implementing the 2019 Final Rule
- Exemption Self-Audit
- Personnel Policies
- HR Training
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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 February 11, 2020.
Call 1-866-352-9540 for further credit information.
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
Raymond L. Hogge, Jr.
Hogge Law
- Partner with Hogge Law, where he advises employers across Virginia in all aspects of labor and employment law, and represents them in employment-related litigation, mediation, and administrative proceedings
- Former chairperson of the employment law section of the Virginia Association of Defense Attorneys, a former chairperson of the personnel section of the International Municipal Lawyers Association, a former chairperson of the Continuing Legal Education Committee of the Norfolk and Portsmouth Bar Association, and a member of the labor and employment law section of the Virginia Bar Association
- Hampton Roads Chapter of the Society for Human Resource Management, the Peninsula Personnel Association, Hampton Roads Chamber of Commerce, and labor and employment law section of the American Bar Association
- A frequent speaker on labor and employment law issues and his writings have been published in journals including the International Municipal Lawyers Association's Municipal Lawyer and the Virginia Association of Defense Attorneys’ Journal of Civil Litigation
- He publishes VirginiaLaborLaw.com, a website providing labor and employment law news and information to Virginia employers
- J.D. degree, University of Richmond School of Law; B.A. degree, College of William & Mary
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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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