Are You Paying Your People Right? How to Properly Classify Employees as Exempt or Non-Exempt

Date: Available 24/7 CLE Credits: 2 General

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Course Description

This program was recorded on March 8th, 2019

The way we work today, creates challenges for employers to make sure employees are paid correctly. In this webinar, we will explain how time worked is defined and how to properly track employee time so they are paid properly. You will learn how to determine whether an employee is non-exempt or exempt from overtime rules. We will discuss the potential corporate and personal liability and penalties for failing to be completely complaint with the law just because, “we’ve always done things in a certain way.



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  • Barbara DeMatteo
    Barbara DeMatteo is an accomplished professional whose Human Resources experience spans over 35 years. In supporting businesses in varied industries across the United States, Barbara continually develops her knowledge of federal and state employment regulations, strengths in employee relations, interviewing, training as well as coaching supervisors and managers.

    Barbara acts in the capacity of a company's outsourced HR function in providing guidance on the most effective way to handle employee situations and limit liability. Writing and revising employee handbooks, developing meaningful and targeted job descriptions, developing and implementing performance management programs, and nurturing HR professionals through on site mentoring are her strengths.

    Contact Barbara DeMatteo


    Brian J. Shenker
    Brian J. Shenker, Esq. is a labor and employment attorney who represents employers in all labor and employment matters. His experience encompasses a wide range of matters in the employer employee relationship, including wage and hour compliance, discrimination, retaliation, wrongful termination, breach of employment agreements, restrictive covenants, family and medical leave, independent contractor classifications, labor relations, employment policies, health and safety, non-competition and confidentiality agreements. Brian has also represented management in a variety of labor relations matters, including unfair labor practices and union organizing efforts.

    Contact Brian J. Shenker

      • 2 General Credits
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      Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
    1. Overview of the Fair Labor Standards Act (FLSA)
      1. Non-Exempt vs. Exempt classifications in general
      2. Minimum wage and overtime pay
      3. Liability for incorrect overtime classifications
      4. Recordkeeping requirements
      5. Increases in litigation (class & collective actions) and Department of Labor audits
    2. FLSA Exemptions from Overtime – Ensuring that employees are classified correctly as exempt or non-exempt
    3. Executive exemption
    4. Professional exemption
    5. Administrative exemption
    6. Computer, outside sales, retail sales, highly compensated test
    7. State Specific Rules
      1. Job duties tests
      2. Salary threshold test
      3. Recordkeeping requirements
    8. Communicating changes in Exempt or Non-Exempt Status
      1. How to communicate changes verbally and in writing
      2. Consider state requirements
      3. Legal implications

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