Keeping up with the Recent FLSA Trends and Changes

Date: Available 24/7 CLE Credits: 2 General

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Course Description

This program was recorded on May 8, 2020

Although 2020 has just started, numerous changes and new interpretations have swept through the employment world and firms will be busy keeping their clients informed, in compliance, and protected from administrative and/or civil litigation. This course will focus on changes affecting the Fair Labor Standards Act (FLSA) and wage and hour compliance and litigation. Just prior to the start of 2020 the Department of Labor (DOL)increased the “standard salary level” threshold for white-collar exempt employees from $455 ($23,600 per year) to $684 per week ($35,568 per year). Another recent change was the DOL’s final rule updating its regulations regarding joint-employer status under the FLSA. Taking a look back, the course will also discuss what impact the U.S. Supreme Court’s ruling in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018) has had any may have for future cases. In closing, we will discuss common pitfalls employers continue to face and a case study involving classification of exempt outside sales employees.



  • Kevin D. Pardiñas
    Kevin Pardinas is an attorney at Trembly Law Firm that has a track record of successfully representing business owners and employers in various litigation, transactional and general counsel matters. Prior to joining the Trembly Law Firm, Kevin served as general counsel to a healthcare company and a retail commercial insurance agency where he handled a variety of matters including commercial real estate leases, mergers and acquisitions, human resources, HIPAA compliance, vendor and physician contracting and business development.

    Contact Kevin D. Pardiñas
      • 2 General Credits
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    1. The “standard salary level” threshold for white-collar exempt employees will increase from. That means starting January 1, employers will need to pay overtime to employees who earn less than $684 per week ($35,568 per year).
    2. The salary threshold for highly compensated employees (HCEs) will increase from $100,000 per year to $107,432 per year.
    3. On January 13, 2020, the U.S. Department of Labor (DOL) issued its final rule updating its regulations regarding joint-employer status under the Fair Labor Standards Act (FLSA)
    4. The new rule creates a four-factor balancing test focused on whether the potential joint employer exercises substantial control over the terms and conditions of the employee’s work. The factors are whether the potential joint employer:
    5. Hires or fires the employee;
    6. Supervises and controls the employee’s work schedule or conditions of employment to a substantial degree;
    7. Determines the employee’s rate and method of payment; and
    8. Maintains the employee’s employment records.
    9. Effect of Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018)
    10. Common Employer Pitfalls
    11. Case Study Re: Outside Sales Exemption

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