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Exempt v Non-Exempt Employee: How to Tell the Difference and Why it Matters

Overview

During the last decade or two, employers have found it increasingly difficult to decide which employees are entitled to overtime and which are not. Those classifications are commonly referred to as exempt employees and non-exempt employees. The FLSA contains dozens of exemptions, which basically provide that specific categories of employers and employees aren’t subject to the Act’s overtime requirements. Most common are the “white-collar” exemptions for executive, administrative, and professional employees, computer professionals, and outside sales employees.

What are these exemptions exactly? Who qualifies? What must you do to make sure that your employees are properly classified, and, most importantly how can you make sure that your practices comply with the Fair LaborStandards Act (FLSA) so you do not fall prey to a Department of Labor audit – or worse, a lawsuit—resulting in unpaid overtime, liquidated damages, other fines and penalties in addition to your legal fees? Join this webinar and find out!

 

 

Areas Covered in this Training-

Areas covered include, without limitation:
-Difference between exempt v/s non-exempt employees
-The salary basis test
-The most common exemption categories
-The duties test
-Job Titles and Descriptions
-Job Evaluations, Supervisor and Employee Interviews
       -Discretion
       -Supervision
       -Authority
       -Case examples: Pharma sales reps; Auto service rep’s;
       -Financial services employees
-The New Overtime Rules applicable

 


Why Attend this Training:

If you misclassify an employee as exempt from minimum wage and overtime requirements, you are likely underpaying them. The US (and State) Dept. of Labor call that wage theft and acts upon it accordingly. If an employee is actually entitled to overtime pay, you could be on the hook, not only for the overtime pay (and regular pay) but also for liquidated damages in the same amount. In other words, take the amount you owe in unpaid wages and double it. You would also be liable for the employees’ attorney fees – plus your own.


In a class-action lawsuit (i.e. a lawsuit usually involving a group of employees) those amounts increase exponentially. For those employees working in states with more stringent protections, the liquidated damages, and the minimum wage can be higher than those under the Federal Fair Labors Standards Act (FLSA). Yikes!


But it doesn’t have to be that way. Learning how to properly classify (or, if applicable re- classify) your employees will help you avoid such results. You can learn how, by attending this webinar where the expert speaker Janette L. Frisch – an employment Attorney, takes you through the ins-&-outs of the exempt & non-exempt classification and how to classify-reclassify your employees and save yourself from hectic lawsuits.

 


Duration – 90 Minutes
Suggested Attendees-

-Business owners
-CEO’s
-CFO’s
-Controllers
-Compensation Officers
-Payroll Administrators,
-Human Resources Practitioners at all levels,
-Senior Managers
 

You may ask your Question directly to our expert during the Q&A session.

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