Learn how to handle complex issues and avoid costly mistakes.
Once exempt under the Fair Labor Standards Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken, or not taken, by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime. This topic is designed to help you identify issues which jeopardize exempt status and correct them; and to address certain myths regarding what you can and cannot do. Topics to be covered will include payment on a salary basis, permissible and impermissible deductions from salary, supplementing salary with additional payments, reducing salaries or hours, required use of paid time off, performing nonexempt work and more. Identify and resolve thorny problems that jeopardize exempt status
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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
Overview of Fair Labor Standards Act and State Laws
- Minimum Wage and Overtime Obligations
- Exemptions, Including Duties, Minimum Salary, and Salary Basis Requirements
Mistakes and Myths Regarding Employer Actions That May Jeopardize Exempt Status
- Deductions From Pay for Absences From Work
- Partial Day Deductions vs. Full Day Deductions
- Additional Duties
- Pay or Compensation in Addition to Salary
- Substitution of Paid Leave
- Recordkeeping
- Periodic Reductions in Pay and Hours
- Furloughs
- Payment of Fees in Lieu of Salary
- Recoupment of Overpayments or Charges for Damages to Company Property
Best Practices for Avoiding Mistakes
- Deduction Procedures
- Safe Harbor Provisions
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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 13, 2024.
Call 1-866-352-9540 for further credit information.
- AIPB 1.0
- This program is acceptable for 1.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
- CPP/FPC
- Lorman Education Services is an approved provider through PayrollOrg (PAYO). This program is approved for 1.0 RCHs.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 61 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
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.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- NJ CLE 1.3
- VT CLE 1.0
- WA CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
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
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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More Program Information
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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