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Determining Which Employees are Exempt under the Fair Labor Standards Act

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Product Id : 701574
Instructor: Susan Fahey Desmond

Duration: 90 Minutes  



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Overview: The webinar will cover how to determine exemptions under the DOL's regulations and what the DOL will look for during an audit or investigation. In addition to the three most commonly used exemption managerial, administrative, and professional, we will cover other exemptions such as the computer professional and the Motor Carrier Act.

Why should you attend: Although the Fair Labor Standards Act has been around a long time, it is one of the most frequently violated employment law. How to determine whether an individual meets an exemption is often no small task. And, if you are wrong, you typically do not have time records and back pay calculations will inevitably be a nightmare. Unfortunately, even if you are right, you may inadvertently lose the exemption by making improper deductions.

Areas Covered in the Session:
  • Let's get the basics what the FLSA requires or doesn't require.
  • Learning the elements of the most commonly used exemptions -managerial, administrative, and professional
  • Latest cases concerning mortgage loan officers, working supervisors
  • Why payment of a salary alone is not determinative of an exemption.
  • Comparing a salary payment required of an exemption with a salary coefficient payment.
  • Permissible deductions from an exempt employee's salary.
  • What to do when you made impermissible deductions.
  • Other exemptions that do not require payment of a salary - computer professionals, doctors, lawyers
  • Thinking about keeping time records for even exempt employees.
  • When the Motor Carrier Act applies.
  • What impact do bonuses or compensatory time have on an individual's exemption?

Who Will Benefit:
  • Human Resource Managers
  • Supervisors
  • Payroll Personnel
  • Company Owners
Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.

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