Wage and Hour Law: Avoidance of Wage Theft Litigation

Agenda

Forms of Wage Theft: Payroll and Notice Peculiarities

• Computing Hours Worked: Common Mistakes and Wage Theft Red Flags
• Remote Work and Off-The-Clock Work
• Exempt vs. Nonexempt Employees
• State Payroll Deductions
• Withholding Pay at Separation
• Other Important Notice and Posting Requirements

Avoidance of Intern Misclassifications

• The Intern Exception: Guidance on Which Workers Qualify as Unpaid Interns Under the FLSA
• Important Case Law Regarding the Intern Exception
• Different Rules for Nonprofit Organizations and Public Sector Entities
• Practical Consideration for Implementing a Successful Internship Program

Ensuring Compliance With Recordkeeping Peculiarities to Prevent Wage Theft

• Including All Data Required by Law
• Preserving Records for the Requisite Time Periods
• State Law Peculiarities
• Other Best Practices

Properly Compensating Tipped Employees

• Providing Proper Tip Notice
• Ensuring Tip Credit Compliance
• Maintaining a Proper Tip Pool
• Instituting Lawful Service Charges or Administrative Fees

Proposed Department of Labor Regulations on Overtime and Exemptions

• Preparing for the Avoidance Misclassification Law Suits

Credits

Faculty

Jeffrey M. Landes

Epstein Becker & Green, P.C.

• Partner in the New York office of Epstein Becker & Green, P.C. in the Employment, Labor & Workforce Management practice, where he co-leads the retail service team
• Experience includes counseling clients in a variety of industries including financial services, retail, and communications; in all facets of employment law, including compliance with EEO laws and other statutes governing the workplace, independent contractor issues, executive terminations, restrictive covenants, drug testing, background checks, employee discipline and terminations, reorganizations, workplace investigations, leaves of absence, and development of handbooks and personnel policies and procedures
• Practice also includes preparing employment, consulting and separation agreements, counseling multinational companies on unique labor and employment law issues, and conducting wage/hour and human resource audits
• Regularly conducts workplace training sessions for employees and managers and human resources personnel concerning performance management, harassment, diversity, EEO issues, and wage/hour issues, including pay practices and exempt/nonexempt classification issues
• Has represented employers in wage/hour audits before the U.S. Department of Labor and other federal and state administrative agencies
• Past member of the Labor and Employment Committee of the Bar Association of the City of New York and currently a member of the Equal Employment Opportunity Committee of the New York State Bar Association's Labor and Employment Section
• Can be contacted at 212-351-4601 or [email protected]

Jeffrey H. Ruzal

Epstein Becker & Green, P.C.

• Member in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker & Green P.C.
• Leads the firm’s hospitality service team and represents clients in such diverse industries as hospitality, financial services, retail, health care, and technology
• Recommended in The Legal 500 United States, in the Workplace and Employment Counseling category, 2018
• Represents employers in the defense of putative collective actions under the Fair Labor Standards Act and class actions under the New York State Wage and Hour Law
• Interviewed and quoted by NPR News, Law360, Bloomberg BNA Daily Labor Report, and the Society for Human Resource Management; written numerous articles on significant employment law issues that have been included in, among other leading publications, Law360, Thomson Reuters Practical Law, and Bender’s Labor & Employment Bulletin; frequently speaks at national conferences and webinars on a variety of important employment law topics
• Conducts audits of employers' policies and procedures to determine compliance with applicable federal, state, and local laws
• Counsels employers with respect to federal and state wage and hour compliance, including exempt employee and independent contractor classification audits, compensation reviews, and nonexempt recordkeeping practices, prepares and advises on bonus and commission plans and various other compensation agreements and arrangements, provides advice and workplace training on wage and hour compliance, reductions in force, discrimination, and other employment issues
• Prior to joining Epstein Becker & Green, he served as a trial attorney at the U.S. Department of Labor, Office of the Solicitor, in New York, New York, where he was responsible for civil enforcement of the Fair Labor Standards Act and its implementing regulations from wage and hour investigations through trials
• Can be contacted at 212-351-3762 or [email protected]