Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Wage & Hour Compliance (Series: Protecting Your Employee Assets: The Life Cyc...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To view the accompanying webinar, go to:
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
What is FLSA?
Fair Labor Standards Act (FLSA) :
Sets standards for minimum wage and overtime pay.
Establishes record keeping standards.
Prescribes child labor standards.
FLSA does not regulate:
vacation, holiday, severance, or sick pay.
meal or rest periods, holidays off, or vacations.
premium pay for weekend or holiday work.
pay raises or fringe benefits.
discharge, termination, or final payment procedures.
Exempt and Non-exempt Employees
Exempt employees- Employees who meet one of the FLSA exemption tests and who are paid on fixed salary basis, not entitled to overtime.
Non-exempt employees- Employees who do not meet any of the FLSA exemption tests and are paid on hourly basis and are covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
Test for Exemption
To qualify for exemption, employees must meet certain tests regarding their:
Salary Level:
minimum salary level required for exemption is $455 per week
Job Duties- Categories of Exemption:
Executive Employees
Administrative Employees
Professional Employees
Outside Sales Employees
Computer Employees
Independent Contractors
FLSA does not cover independent contractors. Therefore, its important to learn to distinguish between an independent contractor and an employee.
The Supreme Court considers the following factors significant in determining an employee’s role versus that of an independent contractor:
the extent to which the worker's services are an integral part of the employer's business.
the permanency of the relationship.
the amount of the worker's investment in facilities and equipment.
the nature and degree of control by the principal.
the worker's opportunities for profit and loss.
the level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the enterprise.
Want to learn more about FLSA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
Fair Labor Standards Act: Are Your Employees Classified Correctly?
The In's and Out's of FLSA
How to Conduct FLSA Classification Self-Audit
Avoiding Costly Wage and Hour Problems
How to Pay Overtime Correctly under FLSA
Handling Supplemental Pay Under the FLSA
For more Details Visit us at:http://www.complianceonline.com/classifying-employees-under-flsa-webinar-training-703602-prdw?channel=flsappt
Overview of the Fair Labor Standards Act, including how to differentiate between exempt and non-exempt employees, reporting requirements, overtime and minimum wage, and more.
Wage & Hour Compliance (Series: Protecting Your Employee Assets: The Life Cyc...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To view the accompanying webinar, go to:
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
What is FLSA?
Fair Labor Standards Act (FLSA) :
Sets standards for minimum wage and overtime pay.
Establishes record keeping standards.
Prescribes child labor standards.
FLSA does not regulate:
vacation, holiday, severance, or sick pay.
meal or rest periods, holidays off, or vacations.
premium pay for weekend or holiday work.
pay raises or fringe benefits.
discharge, termination, or final payment procedures.
Exempt and Non-exempt Employees
Exempt employees- Employees who meet one of the FLSA exemption tests and who are paid on fixed salary basis, not entitled to overtime.
Non-exempt employees- Employees who do not meet any of the FLSA exemption tests and are paid on hourly basis and are covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
Test for Exemption
To qualify for exemption, employees must meet certain tests regarding their:
Salary Level:
minimum salary level required for exemption is $455 per week
Job Duties- Categories of Exemption:
Executive Employees
Administrative Employees
Professional Employees
Outside Sales Employees
Computer Employees
Independent Contractors
FLSA does not cover independent contractors. Therefore, its important to learn to distinguish between an independent contractor and an employee.
The Supreme Court considers the following factors significant in determining an employee’s role versus that of an independent contractor:
the extent to which the worker's services are an integral part of the employer's business.
the permanency of the relationship.
the amount of the worker's investment in facilities and equipment.
the nature and degree of control by the principal.
the worker's opportunities for profit and loss.
the level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the enterprise.
Want to learn more about FLSA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
Fair Labor Standards Act: Are Your Employees Classified Correctly?
The In's and Out's of FLSA
How to Conduct FLSA Classification Self-Audit
Avoiding Costly Wage and Hour Problems
How to Pay Overtime Correctly under FLSA
Handling Supplemental Pay Under the FLSA
For more Details Visit us at:http://www.complianceonline.com/classifying-employees-under-flsa-webinar-training-703602-prdw?channel=flsappt
Overview of the Fair Labor Standards Act, including how to differentiate between exempt and non-exempt employees, reporting requirements, overtime and minimum wage, and more.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Legal tips and traps in compliance with wage and hour laws, who are exempt from minimum wage and overtime, how overtime is calculated, how regular hourly rate is calculated, and independent contractor issues
G&A Employment Law Update webinar May 2013G&A Partners
In this webinar, presenter Alexis C. Knapp, Attorney at Law, will present timely employment law updates that business owners and HR professionals need to know for 2013 and beyond. After the presentation, Alexis will host a live Q&A session with webinar attendees.
From the ACA, upcoming changes to the FLSA, OSHA penalties, and other ongoing compliance issues, HR and compliance managers have a lot on their plate in 2016. Join us as we cover tips, best practices, and how to use technology to better manage these issues and more.
Join Kara Govro, JD and SPHR to learn how to navigate the ever-changing rules and regulations around wage and hour. Kara will help you decode the Fair Labor Standards Act, employee classification, non-exempt "danger zones" and so much more.
You'll learn:
What the FLSA regulates (and what it doesn't)
The 3 types of employee classifications and how to identify them
The basics of minimum wage, overtime, record keeping and posting
How to determine wage and hour "danger zones" and what you can do to avoid them
Wage and Hour Litigation on the Rise: Tips for Avoiding Class Action Lawsuit...EPAY Systems
For the past decade, the number of wage & hour class action and collective action filings has increased. And this year, additional factors – including new FLSA regulations and the direction of wage & hour enforcement under the Trump Administration – are likely to drive exposures for corporate America.
With big verdicts, records settlements, the increasing phenomenon of worker awareness, and the widespread public attention to how employees are paid, it’s no surprise that wage and hour lawsuits are on the rise. Given these factors, companies may see record-breaking numbers of FLSA lawsuit filings in 2017.
View the recording EPAY Systems and Seyfarth Shaw as we examine workplace class action trends that we are likely to see this year, and learn best practices for avoiding wage and hour lawsuits.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
Payroll Webinar: Streamlining Payroll Operations and EfficienciesAscentis
Payroll is often the largest expense for a business and can be even more costly because of non-compliance, inefficient processes, lack of controls, and outdated technology. A missed deadline or incorrect tax filing can result in hefty fines and even jail time. Manual entry of HR/payroll records is time-consuming and prone to human error. Not having controls in place, whether you are a public or a private company, can increase the risk of fraud. Outdated technology can be complex and tends to add more administrative burden to HR/payroll teams, causing unwanted stress and frustration.
In this session we talk about the many ways that companies can stay compliant, streamline payroll operations, and optimize efficiency. We’ll share best practices and current trends to help improve your overall payroll operations and keep things running smoothly.
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...Carlton Fields
• What revamped DOL regulations regarding overtime pay and the white-collar exemptions could mean for how employers evaluate and classify exempt jobs;
• The most likely job classifications/duties that could spark scrutiny by the DOL and the courts—now and going forward—for overtime exemption misclassifications;
• Practical tips for how to tell if employer’s exemption classifications are in need of an overhaul under current FLSA regulations;
• The legal risks of designating employees as independent contractors and recent cases illustrating the key trouble spots that could lead to costly lawsuits and settlements; and
• How to evaluate and reduce liability related to payroll policies, including best practices for ramping up audits of overtime exemption and independent contractor classifications.
Payroll Webinar: What You Need to Know about Benefits TaxationAscentis
You will learn the payroll department’s responsibilities pertaining to the set-up of employee benefits, including retirement, health and welfare and other benefits. You will learn what payroll department staff need to know when tax withholding needs to occur and how to communicate the tax withholding effectively to employees. Learn how to be proactive on employee taxation issues with management and prevent surprises.
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
Part of the webinar series: Protecting Your Employee Assets: The Life Cycle Of The Employment Relationship 2022
See more at https://www.financialpoise.com/webinars/
Significant changes to overtime regulations may 25 2016Allyson Lewis
Join us for this free webinar!
The DOL published the final version of the much anticipated overtime exemption rule. This means that 4.2 million salaried, non-manufacturing workers nationwide will now be entitled to overtime, with a direct cost to employers of almost $1.5 billion in increased employee earnings.
During the webinar you will learn:
• How do the DOL’s new overtime exemption rules impact the current salary basis test and the salary level threshold required for exemption?
• When will the DOL’s final rules take effect?
• What can you do right now to prepare for new FLSA compliance obligations?
• Should you convert exempt workers to hourly status rather than pay increased weekly base salary?
• Should you rewrite your job descriptions? If so, how?
• Is your organization prepared for increased recordkeeping?
• What tools and resources does KPA offer for clients to comply with the new rule?
Kathryn Carlson will be presenting this educational webinar. Kathryn has over 25 years of human resources management experience and is a certified HR professional. For the past 13 years Kathryn has focused on developing HR software and programs to improve efficiency, reduce risk, and ensure compliance for companies ranging from small businesses to international.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Legal tips and traps in compliance with wage and hour laws, who are exempt from minimum wage and overtime, how overtime is calculated, how regular hourly rate is calculated, and independent contractor issues
G&A Employment Law Update webinar May 2013G&A Partners
In this webinar, presenter Alexis C. Knapp, Attorney at Law, will present timely employment law updates that business owners and HR professionals need to know for 2013 and beyond. After the presentation, Alexis will host a live Q&A session with webinar attendees.
From the ACA, upcoming changes to the FLSA, OSHA penalties, and other ongoing compliance issues, HR and compliance managers have a lot on their plate in 2016. Join us as we cover tips, best practices, and how to use technology to better manage these issues and more.
Join Kara Govro, JD and SPHR to learn how to navigate the ever-changing rules and regulations around wage and hour. Kara will help you decode the Fair Labor Standards Act, employee classification, non-exempt "danger zones" and so much more.
You'll learn:
What the FLSA regulates (and what it doesn't)
The 3 types of employee classifications and how to identify them
The basics of minimum wage, overtime, record keeping and posting
How to determine wage and hour "danger zones" and what you can do to avoid them
Wage and Hour Litigation on the Rise: Tips for Avoiding Class Action Lawsuit...EPAY Systems
For the past decade, the number of wage & hour class action and collective action filings has increased. And this year, additional factors – including new FLSA regulations and the direction of wage & hour enforcement under the Trump Administration – are likely to drive exposures for corporate America.
With big verdicts, records settlements, the increasing phenomenon of worker awareness, and the widespread public attention to how employees are paid, it’s no surprise that wage and hour lawsuits are on the rise. Given these factors, companies may see record-breaking numbers of FLSA lawsuit filings in 2017.
View the recording EPAY Systems and Seyfarth Shaw as we examine workplace class action trends that we are likely to see this year, and learn best practices for avoiding wage and hour lawsuits.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
Payroll Webinar: Streamlining Payroll Operations and EfficienciesAscentis
Payroll is often the largest expense for a business and can be even more costly because of non-compliance, inefficient processes, lack of controls, and outdated technology. A missed deadline or incorrect tax filing can result in hefty fines and even jail time. Manual entry of HR/payroll records is time-consuming and prone to human error. Not having controls in place, whether you are a public or a private company, can increase the risk of fraud. Outdated technology can be complex and tends to add more administrative burden to HR/payroll teams, causing unwanted stress and frustration.
In this session we talk about the many ways that companies can stay compliant, streamline payroll operations, and optimize efficiency. We’ll share best practices and current trends to help improve your overall payroll operations and keep things running smoothly.
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...Carlton Fields
• What revamped DOL regulations regarding overtime pay and the white-collar exemptions could mean for how employers evaluate and classify exempt jobs;
• The most likely job classifications/duties that could spark scrutiny by the DOL and the courts—now and going forward—for overtime exemption misclassifications;
• Practical tips for how to tell if employer’s exemption classifications are in need of an overhaul under current FLSA regulations;
• The legal risks of designating employees as independent contractors and recent cases illustrating the key trouble spots that could lead to costly lawsuits and settlements; and
• How to evaluate and reduce liability related to payroll policies, including best practices for ramping up audits of overtime exemption and independent contractor classifications.
Payroll Webinar: What You Need to Know about Benefits TaxationAscentis
You will learn the payroll department’s responsibilities pertaining to the set-up of employee benefits, including retirement, health and welfare and other benefits. You will learn what payroll department staff need to know when tax withholding needs to occur and how to communicate the tax withholding effectively to employees. Learn how to be proactive on employee taxation issues with management and prevent surprises.
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
Part of the webinar series: Protecting Your Employee Assets: The Life Cycle Of The Employment Relationship 2022
See more at https://www.financialpoise.com/webinars/
Significant changes to overtime regulations may 25 2016Allyson Lewis
Join us for this free webinar!
The DOL published the final version of the much anticipated overtime exemption rule. This means that 4.2 million salaried, non-manufacturing workers nationwide will now be entitled to overtime, with a direct cost to employers of almost $1.5 billion in increased employee earnings.
During the webinar you will learn:
• How do the DOL’s new overtime exemption rules impact the current salary basis test and the salary level threshold required for exemption?
• When will the DOL’s final rules take effect?
• What can you do right now to prepare for new FLSA compliance obligations?
• Should you convert exempt workers to hourly status rather than pay increased weekly base salary?
• Should you rewrite your job descriptions? If so, how?
• Is your organization prepared for increased recordkeeping?
• What tools and resources does KPA offer for clients to comply with the new rule?
Kathryn Carlson will be presenting this educational webinar. Kathryn has over 25 years of human resources management experience and is a certified HR professional. For the past 13 years Kathryn has focused on developing HR software and programs to improve efficiency, reduce risk, and ensure compliance for companies ranging from small businesses to international.
How to Classify Your Exempt and Non Exempt Employees Correctly June 15, 2016Allyson Lewis
On May 18, 2016 the Department of Labor released new rules that significantly impact how you pay your employees. Do you know the answer to which employee and which position will be exempt or non-exempt under the new rules?
Join us for an overview of the new DOL rules and a demonstration of the new Classification Wizard tool from KPA HRDrive. Using the Classification Wizard will allow you to quickly and easily determine which employees must be paid overtime, which employees must be paid minimum wage for all hours worked, and which employees are exempt from overtime. The Classification Wizard asks you a series of questions to help determine the appropriate employee classification quickly and easily, and also gives you access to certified HR professionals by phone or email at any point in the process.
The webinar will be presented by Kathryn Carlson, Vice President of HR Management Products. Kathryn has over 25 years of human resources management experience and is a certified HR professional. For the past 13 years she has focused on developing HR software and programs to improve efficiency, reduce risk, and ensure compliance for companies ranging from small businesses to international.
Are you eligible for overtime pay? Just because you are a salaried employee doesn't mean you are automatically disqualified. Many employees are robbed from their entitled overtime pay due to lack of knowledge about their rights. This SlideShare presentation will clear up some common myths about salaried workers and overtime pay to help you to make sure you are receiving the proper entitled pay.
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2021/
Welcome to the Team! Recruiting and Hiring, Including Restrictive CovenantsFinancial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions ...ComplyRight, Inc.
A handful of high-profile cases -- and increased attention by the IRS and Department of Labor – has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.
In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law -- and therefore owed overtime.
Protect yourself from costly misclassification mistakes and potential legal issues. Attend this timely webinar to learn:
- Factors that define the worker relationship, according to the IRS and Department of Labor
- Warning signs that your contractor is actually an employee under the law
- What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
- Steps to take if a worker is misclassified
Employee vs. Independent Contractor - How to Differentiate and Avoid Penalties?benefitexpress
This presentation reviews: which factors the IRS uses to determine common law employee status | how does this affect compliance with ACA | what penalties may apply.
An Ounce of Prevention: Policies, Procedures and ProactivityFinancial Poise
Our society is increasingly bureaucratized and documentation is essential to working this bureaucracy. From a cost vs. benefit standpoint, having a written workplace handbook that highlights conduct, compensation and benefits, generally saves more money than it costs. While downloading a handbook from the internet, even if it’s free, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
An Ounce of Prevention: Policies, Procedures and Proactivity (Series: PROTECT...Financial Poise
Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/policies-procedures-and-proactivity/
This is a presentation that was offered in August 2015 in Edmonton and Calgary, Alberta.
Similar to Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020) (20)
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
THE NUTS & BOLTS OF BANKRUPTCY LAW 2022: The Nuts & Bolts of a First Day HearingFinancial Poise
Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
See more at https://www.financialpoise.com/webinars/
RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022: Bad Debtor Owes Me Money!Financial Poise
Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
See more at https://www.financialpoise.com/webinars/
We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022: Data Breach Response - Before and After...Financial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series:
CYBER SECURITY and DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022_How to Build and Implement your Company'...Financial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
Part of the webinar series:
CYBERSECURITY & DATA PRIVACY 2022
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NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 - Enforcement: Post-Judgment Procee...Financial Poise
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022: Learn How to Do Con...Financial Poise
There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
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CHAPTER 11 - INDUSTRY FOCUS 2022 - Focus on Oil and Gas Financial Poise
Although issues in oil and gas chapter 11 cases vary from case to case, there are, nonetheless, certain issues that tend to arise in most oil and gas cases. Among them: treatment of oil and gas leases, the payment of royalties, hedging agreements, and valuation. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
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BUSINESS LAW REVIEW- 2022: Selling a Business Financial Poise
A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
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BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
See more at https://www.financialpoise.com/webinars/
Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2: Securities Law Comp...Financial Poise
The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
This webinar focuses on the opportunities that crowdfunding makes available to the investor, and how the investor should go about navigating this new world. We begin with a basic overview of the new regulatory regime, the requirements to invest, and the on-boarding process one should expect. We then dive deeper into the market opportunity, including how to access and select investments, and expectations investors should set for themselves and the projects they select. This is not intended to support any specific deal selection, but instead sheds a light upon the basic selection criteria available, the method to go about investing and what to avoid.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
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An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
5. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
5
6. Meet the Faculty
MODERATOR:
Charles Krugel - Law Offices of Charles Krugel
PANELISTS:
Helen Bloch - Law Offices of Helen Bloch, P.C.
Max Barack - Partner, Garfinkel Law Group
Gary Savine - Savine Employment Law, Ltd.
Amanda Turbeville – Global Head of HR, Montway Auto Transport Inc.
6
7. About This Webinar –
Show Them the Money: Wage & Hour Compliance
Over the past few years, and even as far back as the economic collapse of 2008, changes to
federal, state and local wage and hour laws have led to increased oversight, litigation and
enforcement initiatives.
Employers must be mindful of the risks posed by misclassifying individuals as exempt or
nonexempt from overtime, or as a contractor or employee. Locations and laws vary
jurisdiction-by-jurisdiction. Penalties like back taxes, unpaid wages and attorneys fees may
vary depending on location.
This webinar delves into the mistakes commonly made by employers and endeavors to
provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
7
8. About This Series-
Protecting Your Employee Assets: The Life Cycle of
the Employment Relationship 2020
If you have employees or advise companies with employees, this webinar series is for you!
No employer—whether large, medium or small—is immune from the reach of federal, state
and/or local employment laws and regulations. Now, more than ever, employers should
consider taking a proactive approach to auditing their employment practices and policies so
that they can better respond when issues arise. This webinar series approaches the
employer-employee relationship from beginning to end, with programs covering the most
important steps along the way, including hiring and onboarding, policy and procedure
development and training, wage and hour compliance, accommodating disabled employees,
conducting investigations and considerations associated with ending the relationship.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
8
9. Episodes in this Series
#1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants
Premiere date: 1/28/20
#2: An Ounce of Prevention: Policies, Procedures and Proactivity
Premiere date: 2/25/20
#3: Show Them the Money: Wage & Hour Compliance
Premiere date: 3/24/20
#4: Time for a Break: Managing Leaves of Absence and Accommodating Disabilities
Premiere date: 4/28/20
#5: I Know What You Did Last Summer: Workplace Investigations
Premiere date: 5/19/20
#6: It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees
Premiere date: 6/16/20
9
11. Wage and Hour Issues are on the Rise
• WHY?
• The ―perfect storm‖ of events:
Increased activity by plaintiff’s bar
Greater focus on wage and hour violations by regulatory agencies
Many employers do not understand the law
Some employers lax in auditing wage and hour compliance
Almost every employee is a potential plaintiff
The various ―occupy,‖ ―fight for 15‖ and ‟living wage‖ movements result in greater
scrutiny
12. What are the Most Common Types of Claims?
• Unpaid work
Auto-deduction for meal periods
Rounding
Remote work
Requiring/permitting off the clock work
Miscalculating regular rate for overtime purposes
• Misclassification of exempt/non-exempt employees
• Improper salary deductions
• Failure to comply with more stringent state or local regulations
• Poorly drafted pay plans
13. Fair Labor Standards Act (FLSA)
• The FLSA, 29 U.S.C. § 203, is the primary federal law regulating minimum wage and
overtime payments.
Must be an employment relationship between the employee/employer
Applies to all employees of an enterprise engaged in interstate commerce or
production of goods
Enacted in 1938
Now being applied to jobs that didn’t exist in the 20th century
14. Fair Labor Standards Act (FLSA)
• Two types of coverage:
Enterprise coverage: If an enterprise is covered, all employees of the enterprise are
entitled to FLSA protections; and
Individual coverage: Even if the enterprise is not covered, individual employees may
be covered and entitled to FLSA protections
15. State and Local Wage Laws
• Federal law does not preempt state employment laws
• Employees are entitled to the provision most favorable to them
• State wage law concerns:
Higher minimum wages
Different or non-existent exemptions
Wage payment laws
Wage deduction laws
―Living wage‖ laws
16. Impact of State Wage and Hour Laws
• State or local law claims may be brought as class actions as opposed to FLSA collective
actions
• Class vs. collective actions:
A class member must affirmatively ―opt in‖ to an FLSA collective action in order to
participate and be bound by the judgment
Under traditional class actions, each class member is bound by the judgment and
notified of award or settlement unless he or she affirmatively ―opts out‖
Thus, class actions under state or local law may have very large classes
17. Auto Deductions for Meal Periods
• What is a ―bona fide‖ meal period?
At least 20 - 30 minutes (depending on jurisdiction)
Employees must be completely relieved from duty during that time
Any duties performed, whether active or inactive, disqualifies the whole time period
from being unpaid
Issues carrying pagers or radios
18. Time Rounding
• Like automatic deductions, the practice is lawful
• DOL accepts rounding if employees are ―fully compensated‖
• Ripe for class-certification because of a uniform policy
19. Remote Work
• Employee able to perform work outside of visual observation from a supervisor
E.g., logging onto computer system, checking devices, taking
phone calls at home
20. Off the Clock Work
• Occurs when employee performs work on premises, but not clocked in, whether before or
after shifts or during meal periods
• Employees must be compensated for closely related duties and tasks that are
indispensable to the performance of the employee’s activities
21. Policies Regarding Off the Clock Work
• Accurately record all work time
• Prohibit off-the-clock work
• Mandatory process for reviewing exceptions to time entries
• Mandatory reporting of all suspected off-the-clock work
• Internal mechanism for hourly employees to complain about uncompensated work
• Prohibiting arriving at work station before set start time
• Automatic discipline of employees who violate the timekeeping policy
22. Calculating Overtime
• Covered, non-exempt employees must receive one and one-half times the regular rate of
pay for all hours worked over forty in a workweek
• Cannot be less than the minimum wage
• Each workweek stands alone
23. Properly Calculating “Regular Rate”
•Is determined by dividing total earnings in the workweek by the total number of hours
worked in the workweek
•May not be less than the applicable minimum wage
24. Regular Rate Includes
• Non-discretionary bonuses
• Incentive pay
• Commissions
• Shift differentials
• Retroactive pay increases
• Board or Lodging (if customarily furnished by employer to employee)
25. Regular Rate Does Not Include
• Gifts
• Paid Time Off (e.g., vacation pay, holiday pay, sick leave)
• Expense Reimbursements
• Discretionary Bonuses
• Retirement Plan Contributions or Insurance Payments
26. Difficulties Calculating “Regular Rate”
• Non-discretionary bonuses and commissions can be problematic because they generally
must be apportioned back over the period in which they were earned
27. Exempt Vs. Non-Exempt in a Nutshell
• Employees are generally presumed ―non- exempt,‖ and entitled to at least 1½ times their
regular rate of pay for all time worked in excess of 40 hours per week
• Non‐Exempt
Must be paid at least minimum wage
Must be paid at least time‐and‐one‐half for all hours worked over 40 in a work week
• Exempt
Generally, if an employee is exempt, he/she is exempt from overtime
28. Exempt Vs. Non-Exempt in a Nutshell
• Exempt:
only means that these employees generally meet all the criteria and are generally
exempt from overtime
• Not exempt:
only means that these employees generally do not meet the criteria for this exemption
and generally are not exempt
• Take note: job titles are not controlling; reality of the circumstances controls
29. Exempt … Or Not? That is the Question
• To be exempt, must meet two tests:
• Duties Test:
different for each exemption
• Salary Basis Test:
currently $679/week or $35,308/year
salary basis does not apply to lawyers, doctors, teachers or outside sales
computer employees can be paid hourly, at least $27.63
30. Exemptions
• White collar exemptions:
Executive
Administrative
Professional
• Other typical exemptions:
Outside sales
Computer Analyst, Computer Programmer, Software Engineer
31. “White Collar Exemptions”
• Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and
overtime pay for employees who are employed in a bona fide:
Executive;
Administrative;
Professional; or
Outside sales capacity.
• Certain computer employees may be exempt professionals under Section 13(a)(1) or
exempt under Section 13(a)(17) of the FLSA.
32. What Does “Primary Duty” Mean
• Primary duty means the position’s ―principal, main, major or most important duty that the
employee performs‖
• Employees who spend approximately 50% of their time performing exempt work will
generally satisfy the primary duty requirement under federal law
33. Primary Duty: Factors to Consider
• The following factors should be considered:
The relative importance of the exempt duties as compared with other types of duties;
The amount of time spent performing exempt work;
The employee’s relative freedom from direct supervision; &
The relationship between the employee’s salary and the wages paid to other
employees for the kind of non- exempt work performed by the employee.
34. Executive Exemption
• Primary duties must include:
Management of the enterprise or of a recognized department or subdivision
Direct the work of two or more other employees or their full-time equivalents
Authority to hire or fire or offer valued suggestions as to hiring, firing, advancement,
promotion or any other change of status
35. Administrative Exemption
• Primary duties must include:
Performance of office or non-manual work directly related to the management or
general business operations of the employer or the employer’s customers; and
Exercise of discretion and independent judgment with respect to matters of
significance.
36. Computer Employee Exemption
• Includes persons employed as:
Computer systems analysts
Computer programmers
Software engineers and other similarly skilled workers in the computer field
37. Computer Employees are Not
• Employees engaged in the manufacture or repair of computer hardware and related
equipment;
• Employees whose work is highly dependent upon, or facilitated by, the use of computers
and computer software programs;
• Individuals who work in a ―help desk‖ capacity who perform installation or troubleshoot
computer or network issues.
38. Outside Sales Exemption
• Makes sales and takes orders away from the employer’s place of business, and
• Spends less than 20% of work hours at the employer’s place of business doing work
unrelated to sales duties
39. Creative Professional Exemption
•Primary duties must consist of:
Performance of work requiring invention, imagination, originality or talent in a
recognized field of artistic or creative endeavor.
o Examples of recognized field of artistic or creative endeavor includes music,
writing, acting and the graphic arts.
40. Overtime
• If an employee is not exempt from overtime, the employer must pay overtime premium on
all compensation the employee receives.
• ―Compensation‖ includes:
Hourly wages
Salary
Commissions
Bonuses
Spiffs
Payments from the manufacturer
41. Penalties for Overtime Violations
• Plaintiff may recover unpaid wages/overtime (i.e., backpay).
• In addition to backpay, a successful plaintiff is entitled to an equal amount (i.e., doubling)
as liquidated damages for claims under the FLSA.
• Successful plaintiff is entitled to reasonable attorneys’ fees.
• Individual officers/managers/supervisors can be held personally liable.
42. Alternatives to Overtime
• Employers may chose other methods to compensate for additional time worked:
• For example:
Comp Days: working less time another day in the same week
Time-Off Plan: Take comparable # of hours off the next work week
43. Minimizing Unpaid Work Risks
• Training
• Clear timekeeping policies
• Accurate timekeeping software
• Reporting and audit protocol to monitor hours worked reports
• Internal reporting system
• Employees to certify time records and paychecks accurately reflect time worked and pay
due
• DOL Guide to Minimum Wage and Overtime Pay can be found:
http://webapps.dol.gov/elaws/elg/minwage.htm
44. Who is an Independent Contractor?
• Depends on the forum you are in:
The definition may vary between the IRS and other agencies (Department of Labor,
EEOC) and courts tasked with making this determination
• No clear line; no general test
• Important considerations:
Extent to which services rendered by an individual are an integral part of the
principal’s business
Permanency of the relationship between the individual and the principal
45. Who is an Independent Contractor?
• The amount of investment in facilities and equipment by the individual
• The opportunities for profit or loss by the individual, and the method of compensation
• The degree of independent business organization and operation by the individual
• The degree and nature of control of the individual by the principal
• The degree of independent judgment exercised by the individual who performs the
services
• Performance of the same or similar services by the individual for third parties in addition
to the principal
• Employment of the individual by the principal in any other capacity
• A comparison of the relationship to other independent contractor operations of a similar
nature in the industry
• The right of either party to terminate the relationship on short notice without penalty
46. Recordkeeping Tips
• ―Basic records” that a covered employer must keep certain for each non-exempt worker,
For example –
Full Name, sex, social security number, age (if younger than 19)
Regular rate of pay, total hours worked, total daily or weekly straight-time earnings
Deductions and date of payment and pay period for payment, etc.
• Reference: Fact Sheet 21: Recordkeeping Requirements Under The Fair Labor
Standards Act (FLSA)
47. Conclusion
• Wage and hour compliance program
employee complaint;
manager report; or
audit result.
49. About The Faculty
Charles Krugel - cak1@charlesakrugel.com
As a management side labor & employment attorney & human resources (HR) counselor,
Charles Krugel, www.charlesakrugel.com, has 24 years of experience in the field & has been
running his own practice for 18 years. His clients are small to medium sized companies in a
variety of industries. Charles has been lead negotiator for hundreds of labor & employment
agreements & contracts. Additionally, he’s litigated dozens of court cases, administrative
proceedings & arbitrations. In addition to providing traditional labor & employment law
services, he represents companies desiring to institute preventive & proactive HR functions.
These functions include policies & procedures, which help to efficiently & discreetly resolve
issues in-house & prevent lawsuits & complaints; they also help to reduce costs & act as
catalysts for increasing productivity & profits. Moreover, he’s frequently the subject labor &
employment law related TV, radio & print interviews.
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50. About The Faculty
Gary Savine - gnoah@savinelaw.com
Gary Noah Savine is an employment lawyer and the founder of Chicago-based law firm
Savine Employment Law, Ltd. Gary brings to the table over twenty years of legal expertise
and hands-on experience, working around the globe, shoulder-to-shoulder with senior
executives and human resource professionals solving the thorniest of workplace disputes.
Before starting his firm, Gary practiced employment law exclusively at two of Chicago’s
largest law firms and served as chief employment counsel at Navistar (NYSE: NAV) and Hill-
Rom Holdings (NYSE: HRC). Gary frequently speaks and writes about employment law
issues. He has written and presented before the American Bar Association, the National
Employment Lawyers Association, the Northern Illinois Society for Human Resources
Management, the Northern Illinois Franchise Association and the American Conference
Institute. Gary received his law degree cum laude from the University of Michigan Law School
in 1996. More information about Gary’s firm can be found at www.savinelaw.com.
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51. About The Faculty
Helen Bloch - hbloch@blochpc.com
In 2007, Helen Bloch founded the Law Offices of Helen Bloch, P.C., a general practice firm that is a
Certified Female Business Enterprise. In the employment & business context, Helen represents clients on
all sides of the employment relationship- individual employees, managers, or employers. Routinely Helen
negotiates & counsels clients on employment agreements, including non-competition, confidentiality, &
severance agreements. Also, she drafts employment handbooks & various policies & procedures. Helen
will advise businesses on best practices, including providing sexual harassment training. Helen has
lectured on topics such as gender role in the law, legal issues affecting small businesses, & legal rights &
obligations from multiple sides of the employer-employee relationship. For the past two years she has
been selected for inclusion in Super Lawyers in the area of employment law. Helen is President of the
Decalogue Society of Lawyers & serves on the Alliance of Bar Associations, where she assists in
screening judicial candidates. Her other bar association memberships include the Illinois chapter of the
National Employment Lawyers Association, Women’s Bar Association of Illinois, & the Illinois State Bar
Association. An active National Association of Women Business Owner’s (NAWBO) member, Helen
leads NAWBO’s Lincoln Park Business Exchange Group.
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52. About The Faculty
Max Barack - maxbarack@gmail.com
Max leads the Garfinkel Group, LLC's employment law practices groups and is a plaintiff-side
employment law attorney. He has been practicing law since 2013 and has spent the majority of that time
handling plaintiff-side employment matters. He concentrates his practice primarily on representing
plaintiffs in their claims of discrimination, as well as wage & hour violations, whistleblower actions, &
severance negotiations. He has extensive litigation experience, with a focus on electronic discovery
(ESI). He has represented & assisted employers in defending discrimination & wage & hour disputes,
including in department of labor investigations. He is a member of the Board of Directors of the National
Employment Lawyers Association of Illinois & co-chair of its Legislative Committee. He is a regular
contributor to the Chicago Bar Association's @theBar blog, & is fluent in Spanish.
Max Barack
Attorney at Law
J.D., Chicago-Kent College of Law
B.A., University of Michigan
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53. Amanda Turbeville - amanda@montway.com
Global Head of HR at Montway Inc
Linkedin: https://www.linkedin.com/in/aturbeville/
―A Global Head of HR who Hires, Trains, Retains by breakfast‖
Although my degree is in Interior Design, HR was/is a natural calling for me. I’ve worked in
many industries; skincare, fitness, transportation & tech (to name a few) & gained so much
knowledge and experience on engagement, inclusion, authenticity, trust and
transparency. I’ve worked in both major corporations and startups, but I learned that I thrive
and work best in unconventional environments. I have a passion for solving (complex)
problems & helping companies be their best so employees do their best.
54. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
54
55. About Financial Poise
55
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