Although public agencies may classify a position as “exempt,” the issue is whether a court will agree with that classification under the Fair Labor Standards Act (FLSA). The single most common and costly mistake made by employers is the misclassification of employees as being exempt from overtime provisions of the law, and exemption status lawsuits have significantly increased during recent years. Our presenters will examine the most common overtime exemptions under the FLSA and discuss key issues to reduce potential liability:
- What are the white-collar overtime exemptions (administrative, executive, and professional, highly compensated) and the computer software exemption for IT employees?
- What are the proper tests for determining if an employee is exempt?
- What supervisory duties must an employee perform to qualify for the executive exemption?
- How do the courts interpret the “discretion and independent judgment” factor for the administrative exemption?
- What positions typically qualify for the computer software exemption?
- Which positions are most often misclassified as exempt?
- What should agencies do if they discover a classification error?
Time:
10am – 11am (1 hour)
Who Should Attend:
Human Resources Personnel; Executive Management; Legal
Questions?
Please email Jaja Hsu at jhsu@lcwlegal.com or call 310.981.2091.
