Understand common minimum wage and overtime issues and compliance traps.
Minimum wage and overtime pay obligations continue to present significant challenges for employers of all sizes and workforces and have spawned hundreds of class and collective actions in recent years. Often, these claims stem from gaps between the realities of the modern workplace and existing law, or simple calculation errors that result in six, seven, or even eight-figure damages and settlements. Further complicating matters, both federal and state laws with respect to minimum wage and overtime obligations have changed significantly in recent years. This topic helps employers, human resources professionals, and employment litigators better understand common minimum wage and overtime issues, as well as pitfalls and compliance traps that have resulted in litigation in recent years. The topic will unpack what types of work are (or are not) compensable and discuss how the modern work environment and technological advancements may have resulted in greater risks of claims of uncompensated time. In addition, the webinar will provide guidance regarding commonly litigated issues with the calculation of overtime, including issues stemming from bonuses, commissions, other forms of incentive compensation, and/or varying rates of pay. Connectedly, the webinar will examine the evolving overtime and minimum wage exemptions in the post-COVID-19 world and explore ways for employers to avoid misclassification claims. In whole, the material will provide practical details on how employers with diverse and diffuse workforces can comply with increasingly complex federal and state wage and hour laws.
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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
Minimum Wage Obligations and Compliance Traps
- What Is Compensable Work Time Under State and Federal Law?
- Off-The-Clock Work in the Technological Age
- When Is On-Call Time Compensable (If Ever)?
- Recent Trends in Off-The-Clock Claims and Traps for Employers
- What Law Applies When Employees Periodically Travel to Another State for Work
Overtime Obligations, Common Pitfalls, and Recent Trends
- Overtime Calculation (With or Without a Fluctuating Workweek) Under the FLSA
- State-Specific Overtime Calculation Issues That Differ From the FLSA
- The Impact of Bonuses, Commissions, Prizes, and Other Incentive Compensation on the Regular Rate Calculation
- Regular Rate Calculation When Dealing With Different Rates of Compensation (e.g., Shift Premiums, Prevailing Rates, and Other Compensation That May Impact the Regular Rate of Pay)
- Recent Trends in Overtime Claims Under the FLSA and State Law
Common Exemption Classification Issues
- The Executive and Administrative Exemptions, and Recent Litigation Trends
- The Commission and Outside Sales Exemptions in the Post-COVID Workplace (e.g., Sales Employees Now Travel Less to Clients)
- The Proper Classification of Computer and Software Professionals
- Other Commonly-Litigated Overtime Exemptions (and When They May or May Not Apply)
Questions and Answers
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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 August 16, 2023.
Call 1-866-352-9540 for further credit information.
- CPP/FPC
- Lorman Education Services is an approved provider through PayrollOrg. This seminar is approved for 1.5 RCHs.
PLEASE NOTE: To receive credit through PayrollOrg for this program you MUST attend the program in its entirety, complete all progress checks and pass the final exam. You cannot obtain credit if you have already completed this course in its live version.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- 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.
- CT CLE 1.5
- 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: 1.5 CLE credit(s).
- GA CLE 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- 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: 89 Minutes.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 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".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
SHRM 1.5
- 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 1.5 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.
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
Philippe A. Lebel
Proskauer Rose, LLP
- Senior Counsel, Proskauer Rose LLP (Los Angeles)
- Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, defamation, and breach of contract litigation, in both the single-plaintiff and class-collective and/or representative-action context
- Experience litigating complex class and/or representative actions involving allegations relating to unpaid minimum and overtime wages, errors in the overtime pay calculation, and alleged employee misclassification
- Counsels employers on compliance with wage and hour laws, including overtime and exempt classification issues
- Assists employers with regional and national wage and hour audits addressing minimum wage and overtime compliance
- Speaks regularly on emerging issues for employers
- Published or quoted in Law360, the Daily Journal, The Hollywood Reporter, Business Insurance, and SHRM.org regarding a variety of employment law topics
- Recognized by Chambers USA and Best Lawyers in America for numerous years
- Can be contacted at 310-284-4558, [email protected], or www.proskauer.com/professionals/philippe-lebel
P. Kramer Rice
Proskauer Rose LLP
- Associate, Proskauer Rose LLP (New York)
- Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, and restrict covenant litigation, in the single-plaintiff and class-, collective- and/or representative-action contexts in state and federal courts and before administrative agencies
- Experience litigating complex class and/or collective actions involving allegations relating to pay equity, the payment of minimum and overtime wages based on the regular rates of pay, and alleged employee misclassifications
- Counsels employers on compliance with wage and hour laws according to local and federal laws and regulations as well as employment and labor contracts, including but not limited to issues involving incentive and commission-based compensation.
- Assists employers with regional and national wage and hour audits
- Speaks regularly on emerging issues for employers
- Has been recognized by Best Lawyers in America
- Admitted in both New York and Texas
- Can be contacted at 212-969-3406, [email protected], or www.proskauer.com/professionals/kramer-rice
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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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