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Learn why you can no longer afford to ignore wage and hour compliance

Wage & Hour Compliance Virtual Summit on DVD:

Get all the training of an off-site seminar, for as many staff members as you choose, at a fraction of the price.


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This extended web seminar was held July 22.



The publisher of your Employment Law Letter presents
Wage & Hour Compliance Virtual Summit:
Avoiding Pay Policy Errors in 2009 and Beyond

Workshop Leaders  |  Agenda 

In the face of escalating overtime and wage-related lawsuits, fines, penalties, and pay-back awards, employers must learn to avoid critical errors
-- before it's too late!

There are more wage & hour class actions pending in U.S. courts than any other type of lawsuit. Learn how to avoid the errors that invite crushing lawsuits and minimize your legal risk by participating in this all-new web seminar for employers and Human Resource professionals, without leaving your office!

Bonus: When you participate in this extended webinar, you'll get the latest on U.S. Supreme Court appointee Sonia Sotomayor and her opinions on cases involving the Fair Labor Standards Act.

Wage & Hour Compliance Virtual Summit addresses your toughest questions:

  • What's the best way to make sure no nonexempt employees are working off the clock?
  • What's the secret to calculating overtime pay correctly?
  • How can we make the right overtime exemption decision, in light of the latest regulations and court decisions?
  • What jeopardizes the status of exempt employees and what constitutes an illegal deduction?
  • What are the lesser-known exemptions that may apply to our workforce?
  • If a policy mistake is discovered, what's our first course of action?
  • How can we use alternative work schedules to cut down on overtime without creating an administrative nightmare?

Get answers to these questions and dozens more from experienced employment law attorneys well-versed in wage & hour compliance issues. Your workshop leaders have defended employers against FLSA class action suits:

Jennifer AndersonJennifer L. Anderson is a partner with Jones Walker in the firm's Labor & Employment Practice Group. She defends employers in civil rights and other employment-related litigation, including litigation under the Fair Labor Standards Act (FLSA), Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, and their state law counterparts. Ms. Anderson also represents employers involved in administrative proceedings before the EEOC and similar state agencies.

 

Kara SheaKara E. Shea is a Partner at the firm Miller & Martin and provides practical advice on employment issues and compliance to national, regional, and local employers of all sizes, ranging from Fortune 500 companies to small businesses, in a variety of industries. She also represents employers before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and in litigation, including discrimination, retaliatory discharge, whistleblower, and wage and hour cases, including class actions. Ms. Shea has briefed cases presented to both the Tennessee Supreme Court and the United States Supreme Court.

 

DVD: $897
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HRCI SealThe use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCIs criteria to be pre-approved for recertification credit.

CREDIT INFORMATION: This program has been approved for 5.75 recertification credit hour through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.


Seminar Agenda for July 22
See more Agenda details below.

Here’s what makes this event unique:

Internet conferencing delivers all the professional learning benefits of a regular conference at a fraction of the cost. For one low price, train as many colleagues as you wish with no travel, lodging or per diem expenses.

Just like an off-site conference, you can pick and choose sessions that apply to you and your staff.

And unlike lessor imitators, this Virtual Summit addresses your most challenging, complex and frustrating FMLA administration scenarios, based on our conversations with thousands of HR executives nationwide.

This event is perfect for:

  • HR Generalists & Specialists
  • HR Managers & Directors
  • HR Senior Vice Presidents & Vice Presidents
  • Comp and benefits directors and managers
  • FMLA compliance managers and administrators
  • In-house Counsel
  • Chief Financial Officers

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Wage & Hour Compliance Virtual Summit Agenda

Session 1: Welcoming Remarks & Refresher of FLSA Basics
Most mistakes that land employers in costly litigation or in the middle of a DOL audit are caused by misconceptions about some of the FLSA's most basic rules. So, to open, you get an important foundation for avoiding common errors and developing strategies for minimizing exposure.

  • Which pay issues are covered by FLSA, and which are not
  • Minimum wage and overtime requirements
  • Nonexempt versus exempt employees
  • Introduction to the "salaried basis" concept for certain white collar exemptions
  • Overview of hottest wage and hour enforcement issues and litigation trends

Speakers: Kara E. Shea and Jennifer L. Anderson

Session 2: Reducing Exposure to Wage and Hour Liabilities
Protecting your organization from FLSA claims and lawsuits requires more than just prohibiting overtime and paying it when it's owed. Some of the best ways to reduce overtime liabilities involve the implementation of wage and hour policies and practices that either prevent employees from working extra hours (alternative work schedules) or prevent the FLSA from applying at all (independent contractors). But these strategies must be undertaken with great care, especially in a down economy, when employees seem more prone to filing lawsuits.

Key Learning Objectives:

  • Alternative work schedules: Using them to reduce overtime worked and owed
  • Employee or independent contractor: Avoiding a different kind of misclassification
  • Comp time plans are only as good as they are legal, and for non-governmental employers they're a no-no
  • FLSA recordkeeping requirements: How your records can protect you from unsubstantiated claims

Speaker: Kara E. Shea

Session 3: What Is Work Time?
Nonexempt employees must be paid for all hours worked and receive overtime compensation for all overtime worked. What is work time? Answering that seemingly simple question isn't always as easy as it sounds. This session teaches you how to properly calculate hours worked for the purpose of determining whether and how much overtime to pay to nonexempt employees.

Key Learning Objectives:

  • Understanding the basic rule: when is the employee on your clock?
  • Avoid breaking the rules on break time (automated break time deductions and more)
  • When traveling becomes compensable
  • Working from home/telecommuting
  • Donning and doffing: when you have to pay for it
  • On call/on duty and the 24-hour rule
  • Training employees

Speaker: Jennifer L. Anderson

Session 4: Doing the Math
Calculating the amount of overtime owed is a multi-step process that requires a lot more than just multiplying an employee's hourly rate by 1.5. Overtime paid must be based on the employee's "regular rate," which isn't necessarily the same thing as her hourly rate. To get it right, the employee's regular rate might even need to be recalculated every week, and it must be based on all remuneration the employee received, including irregular compensation such as bonuses and commissions.

Key Learning Objectives:

  • Understanding the concepts of "remuneration" and "regular rate" under the FLSA
  • Avoiding minimum wage violations among tipped employees
  • Correctly calculating overtime pay for non-hourly workers
  • Exploring alternative overtime calculation methods for salaried non-exempt employees
  • Avoiding the most common overtime calculation errors
  • Tackling tricky deferred compensation issues
  • Structuring bonus and deferred compensation plans to reduce overtime liabilities

Speaker: Kara E. Shea

Session 5: White Collar/Salaried Exemptions
Classifying employees as exempt from the FLSA's overtime requirements calls for far more than simply paying them a salary. All exempt white collar employees also must perform specific types of job duties - known as exempt duties. What does that mean for each of the major exemptions? In this session, your speaker will answer that question, with a particular focus on dispelling the many myths associated with the white collar exemptions.

Key Learning Objectives:

  • Do as the regulations say, not as your industry does
  • Exempt duties for executive employees
  • Managing the enterprise
  • Supervising employees
  • Making or recommending employment decisions
  • Exempt duties for administrative employees
  • Performing office or non-manual work directly related to management or business operations
  • Exercising discretion and independent judgment with respect to matters of significance
  • Exempt duties for professional employees
  • Learned and creative professionals covered
  • Performing work that requires advanced knowledge in a field of science or learning acquired by prolonged course of specialized intellectual instruction
  • Performing work that requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor
  • Never fly solo on classification decisions (employment lawyers and the DOL are your friends!)

Speaker: Jennifer L. Anderson

Session 6: Look at the Salaried Basis Test
Making improper salary deductions is the surest way to place an employee's exempt status in jeopardy. In this session you'll learn how to safeguard the "salaried" status of your exempt employees and avoid illegal deductions. You'll also learn when it is OK to dock an exempt employee's pay.

Key Learning Objectives:

  • Avoiding the loss of exempt status through illegal pay deductions
  • Learn when it's OK to dock an exempt employee's salary
  • Deciding whether to track time for exempt employees
  • Your attendance policy and your exempt workforce: FLSA-compliant enforcement strategies
  • Understanding the interplay between your paid leave policies and the FLSA

Speaker: Kara E. Shea

Session 7: Other FLSA Exemptions
The white collar exemptions aren't the only game in town. In this session, we'll focus on helping you identify the many lesser-known exemptions that may apply to your workforce.

Key Learning Objectives:

  • A closer look at the computer professional exemption
  • Correct application of the retail sales exemption
  • The motor carrier exemption in a nutshell
  • Don't forget the special exemption for highly-compensated employees!

Speakers: Kara E. Shea

Session 8: What If You've Messed Up?
The rise in FLSA litigation, and specifically collective action litigation, reflects that employers are still struggling to comply with the FLSA. Regulatory terms such as "discretion," "independent judgment," "particular weight," and "matters of significance" to define exempt duties certainly are not a model of clarity, which only increases the risk of litigation. The question isn't whether you will make or discover a wage and hour mistake, but when. And the next question is most important of all - what will you do about it?
First, step back and take a deep breath. You have a number of options, each of which has certain advantages and disadvantages depending on the mistake at hand. Never "react," but instead conduct an informed assessment of the mistake, its potential cost, and the ways to minimize your exposure. You may be surprised to find that some traditional methods of barring or resolving employment claims may be ineffective with FLSA claims, and that approaching FLSA problems is a whole new ball game in the employment arena.

Key Learning Objectives:

  • Think (and get legal advice) before doing anything
  • Reclassification of employees and changing pay status
  • Whether to issue retroactive pay (back wage payments)
  • Issues with private waivers or releases
  • When to call in the DOL

Speaker: Jennifer L. Anderson

Session 9: Your Tough FLSA Questions Answered
Perplexed by an unusual wage and hour issue? Well, there's good news for the FLSA tired and confused, because we have designed a session that gives you the forum to have your questions answered. In this session, you and your fellow attendees will control the session and the content. Our panel of experts will answer your FLSA questions and help you wrap your mind around the intricacies of federal wage and hour law. Don't be shy! Our expert panel is ready to help tackle your toughest challenges.

Speakers: Jennifer L. Anderson and Kara E. Shea

 

DVD: $897
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Brought to you by the publisher of state-specific Employment Law Letters, Federal Employment Law Insider, and HRhero.com, Wage & Hour Compliance Virtual Summit will help you prevent devastating overtime and pay policy errors -- before it's too late!

Dear Human Resources Executive:

Staying on top of your payroll policy means understanding the numbers. Well, here are some numbers that should serve as a wake up call:

  • 341,000: Number of employees who recovered back wages due to DOL enforcement action last year
  • $220 million: Total paid out by U.S. employers to cover their claims (a 28% increase over the year before)
  • 30,476: Number of employers who felt the bite of government wage and hour watchdogs
  • $10.3 million: Penalties assessed against employers for wage and hour errors.

And even those eye-popping figures will pale in comparison to what lies ahead. Why? The federal government's own inspector recently issued a scathing report on the DOL's Wage and Hour Division, finding it's enforcement record and effort woefully inadequate. As a result, the division is increasing it's staff of investigators by 33%. The nominee to head the division comes from the New York Department of Labor, well-known to employers in that state for its aggressive enforcement actions. Expect a bumpy road ahead!

That's why it makes so much sense to spend just one day learning all the very latest overtime hotspots and strategies. Sign up for Wage & Hour Compliance Virtual Summit: Avoiding Pay Policy Errors in 2009 and Beyond.

When you register for this interactive learning event, you get answers to dozens of other policy questions, all without the expense and lost time of an off-site conference. You'll also receive, at no additional charge, an overtime compliance learning program for your organization's supervisors, perfect for training those who can't attend this virtual summit.

If you're in any way dissatisfied, I'll refund your entire registration fee. So you take no risk. That's a promise we've kept for almost 35 years and proof of how certain I am that you'll find takeaways worth many times the modest registration fee.

Dan Oswald
President & Publisher of Federal Employment Law Letter and
50 state Employment Law Letters

Participate in this live event and get the DVD recording for just $897.
That's more than 5.5 hours of video training your entire management team can use without incurring the travel expenses of a live conference.

You risk nothing by registering because we will refund every penny,
no questions asked, if you are in any way dissatisfied with this live event.

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Your Workshop Leaders...

 

Jennifer AndersonJennifer L. Anderson is a partner with Jones Walker in the firm's Labor & Employment Practice Group. She defends employers in civil rights and other employment-related litigation, including litigation under the Fair Labor Standards Act (FLSA), Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, and their state law counterparts. Ms. Anderson also represents employers involved in administrative proceedings before the EEOC and similar state agencies.

Ms. Anderson devotes a large part of her practice to counseling employers on the development and administration of sound policies and practices to minimize exposure to litigation, and training management-level employees on various aspects of labor and employment law. Ms. Anderson speaks frequently at seminars designed for employers and management concerning these and other aspects of labor and employment law, and she is an Associate Editor of the Louisiana Employment Law Letter. Additionally, Ms. Anderson serves as a contributor to The Forum weekly news publication, providing readers with updates on labor and employment law and the subsequent effects on businesses.

 

Kara SheaKara E. Shea is a Partner at the firm Miller & Martin and provides practical advice on employment issues and compliance to national, regional, and local employers of all sizes, ranging from Fortune 500 companies to small businesses, in a variety of industries. She also represents employers before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and in litigation, including discrimination, retaliatory discharge, whistleblower, and wage and hour cases, including class actions. Ms. Shea has briefed cases presented to both the Tennessee Supreme Court and the United States Supreme Court.

Ms. Shea regularly speaks on employment-related topics and provides supervisory training on topics including FMLA and FLSA compliance, conducting workplace investigations, and implementing employee discipline. Ms. Shea has also been a regular columnist for the Nashville City Paper and is the co-editor of the Tennessee Employment Law Letter.



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DVD: $897
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