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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Beginner

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, November 6, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$147.00
CLE
ALL

This CLE webinar will provide an overview of the Fair Labor Standards Act (FLSA) for new attorneys. The expert panel will guide practitioners through FLSA basics including how to calculate wages and overtime owed, how to determine eligibility for overtime exemption status, and employer recordkeeping requirements. The panel will also address common employer pitfalls and offer best practices for mitigating client risk of enforcement action.

Faculty

Kathleen McLeod Caminiti
Partner, Co-Chair Pay Equity and Wage and Hour Practice Groups
Fisher & Phillips LLP

Ms. Caminiti has extensive experience handling all aspects of employment litigation, including individual plaintiff discrimination claims, restrictive covenant litigation and wage and hour class and collective actions. She dedicates her time to analyzing the legal issues surrounding pay equality, conducting pay equity audits and defending equal pay litigation. Ms. Caminiti also has a sophisticated wage and hour practice and has distinguished herself in FLSA/wage and hour litigation. As lead counsel, she has obtained favorable outcomes for clients in various wage and hour matters, including class and collective actions arising under the FLSA and various state laws.

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Sarah Wieselthier
Partner
Fisher & Phillips LLP

Ms. Wieselthier has extensive experience counseling some of the most high-profile employers involving litigation and compliance issues on a wide array of labor and employment–related matters, including discrimination, harassment, wrongful termination, retaliation, equal pay, wage and hour claims, and class and collective actions. Her clients do business in a variety of industries (healthcare, financial, telecommunications, utilities, retail, insurance groups, staffing, PEOs, among others) where she advises and counsels them on policies and handbooks, wage and hour compliance, discipline, termination, investigations, and other related issues. With her knowledge of the complex New Jersey, New York, and federal employment laws combined with her vast experience, Ms. Wieselthier vigorously advocates for the rights of her clients after defining the client’s interests and mapping a strategy for a successful outcome. She is a frequent presenter on breaking legal updates and issues involving pay equity, wage and hour, and class action claims, both locally and nationally.

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Description

One of the most difficult federal laws for employers to navigate is the FLSA with its complex and often confusing requirements establishing minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.

In recent years, employers have paid hundreds of millions of dollars in penalties for FLSA violations that include, among others, misclassifying workers as exempt from overtime pay when they do not meet the eligibility requirements; miscalculating hours worked for which employees must be paid; misunderstanding how to calculate the regular rate of pay on which the overtime rate is based; and failing to pay earned overtime wages.

Navigating FLSA's requirements is challenging given the law's extensive rules, which are not necessarily bright line and often fact specific, with multiple exceptions and varying methods of wage and overtime calculation. Therefore, new employment attorneys must understand FLSA to help clients mitigate the risk of enforcement action.

Listen as our expert panel guides practitioners through FLSA basics including who are covered employers, how to calculate wages and overtime owed, and how to determine eligibility for overtime exemption status. The panel will also address common employer pitfalls and offer best practices for mitigating client risk of enforcement action

Outline

  1. Introduction
  2. FLSA basics
    • Covered employers
    • Minimum wage
      • Tipped employees
      • Employer-furnished facilities
      • Subminimum wage provisions
      • Youth minimum wage
    • Hours worked
    • Regular rate of pay
    • Calculating overtime
      • Hourly rate
      • Piece rate
      • Fluctuating workweek method
      • Exclusions
    • Exemptions
      • From both minimum wage and overtime pay
      • From overtime pay only
      • Partial exemptions from overtime pay
    • Recordkeeping requirements
  3. Enforcement and common claims
  4. Damages and penalties
  5. Pointers on interaction with employer policies and other federal/state laws
  6. Practitioner takeaways

Benefits

The panel will review these and other important issues:

  • Who are covered employers under FLSA?
  • What activities should be included in hours worked?
  • What are methods for paying employees for hours worked? How is overtime calculated for each of these methods?
  • What is considered remuneration that should be included in determining the regular rate of pay? And how does this impact the overtime calculation?
  • What are the eligibility requirements for positions classified as exempt from overtime pay?