Broadcast Date: Thursday, May 18, 2023
from 3:00 pm to 4:00 pm (ET)

Overview:

According to the Fair Labor Standards Act (FLSA), employers are responsible for ensuring that their employees are properly classified and compensated. The U.S. Department of Labor’s recent changes to regulations governing overtime-exempt status, independent contractor classification, and tip credit rule further expands wage and hour laws. Failure to comply with these provisions can result in serious consequences, such as costly fines, litigation, and reputational damage.

Thus, to effectively mitigate legal risks and potential liability, both employers and employees must closely monitor the latest trends and regulatory developments in this shifting legal landscape.

Listen as experienced labor and employment lawyers Edmund J. O’Meally (Pessin Katz Law, P.A.) and Jonathan Sulds (Greenberg Traurig, LLP) provide a comprehensive discussion of the ever-evolving landscape of wage and hour compliance, including recent court decisions and emerging issues. Speakers, among other things, will offer practical insights and strategies to avoid common pitfalls and ensure compliance with FLSA regulations.

Key issues that will be covered in this course are:

  • Wage and Hour Compliance: Regulatory Developments and DOL Initiatives
  • Latest Updates on Key Wage and Hour Court Decisions
  • FLSA Litigation and Compliance Issues
  • Strategies to Avoid Common Wage and Hour Claims
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite: 

General knowledge of wage & hour compliance

 

Course Code:

1410794

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Edmund J. O'Meally, Member
Chair of the Labor, Employment and Education Department

Pessin Katz Law, P.A.

Mr. O’Meally is an equity member and Chair of the Labor, Employment and Education department at PK Law. Mr. O’Meally has worked closely with superintendents, boards of education, private schools, and private sector employers for over 36 years on wide variety of matters including collective bargaining, employment litigation, Title IX, civil rights litigation, construction and procurement issues, and Open Meetings Act compliance. A 1984 graduate of the University of Maryland School of Law where he served as Executive Editor of the Maryland Law Review, Mr. O’Meally clerked for the judges of the United States Court of Appeals for the Fourth Circuit upon his graduation. Mr. O’Meally is an Adjunct Professor of School Law at Johns Hopkins University, Goucher College, McDaniel College, and Morgan State University and has given numerous presentations on employment and education issues for the North American Association of Education Negotiators, the Education Law Association, the  Maryland Association of Boards of Education, the Maryland Negotiations Service, the Association of School Business Officials, the Public School Superintendents Association of Maryland, the Office of Administrative Hearings, MICPEL, and other groups.

Jonathan L. Sulds, Shareholder
Greenberg Traurig, LLP

Jon’s record in his labor and employment practice, which spans virtually every aspect of the engagement, protection, management and reward of workforce resources, has earned him a spot in Lawdragon’s Hall of Fame of American Labor and Employment Lawyers, recognition by Lawdragon as one of the Nation’s Top 20 Lawyers in Traditional Labor Law, shortlisting by Benchmark Litigation as one of the Top 5 Employment Litigators for Management East of the Mississippi, Lawdragon’s naming him one of the Nation’s Most Powerful Employment Lawyers, repeated listings in Chambers, Best Lawyers, Super Lawyers and The Legal 500, plus designation as a Benchmark Litigation Labor and Employment Star.

Agenda:

SEGMENT 1:

Edmund J. O'MeallyMember

Pessin Katz Law, P.A.

  1. Common Pitfalls in Misunderstanding FLSA Exempt Classifications.
    1. The salary basis test
    2. The duties test
    3. The highly compensated exemption in light of the Supreme Court’s recent decision in Helix Energy Solutions Group, Inc. v. Hewitt(“Helix v. Hewitt”), 598 U.S. ---- (2023)
  2. Common Pitfalls in Salary Deductions
    1. Permitted salary deductions -- the seven exceptions to the “no-docking” rule
    2. Improper salary deductions that violate the salary basis test
  3. Common Pitfalls in the treatment of Non-discretionary Bonuses
    1. Reconfiguring the hourly wage to factor in a bonus for straight time and overtime purposes
    2. Recalculating the hourly wages over a period of weeks to factor in a bonus earned over a period of work weeks for retroactive straight time and overtime purposes
  4. Common Pitfalls on “Comp Time”
    1. Public sector – compensatory time at time and a half in lieu of overtime pay is permitted by agreement
    2. Private sector – no comp time in lieu of overtime pay

SEGMENT 2:

Jonathan L. SuldsShareholder

Greenberg Traurig, LLP

  1. The Fluctuating Work Week methodology
    1. Clear mutual understanding
    2. Fixed and guaranteed salary for all hours worked whether above or below 40/week
    3. Agreement to compensate hours worked in excess of 40/week at 50% of the hourly rate for the week, in addition to salary paid
    4. Salary agreed will compensate employee for each hour worked at rate in excess of minimum wage
  2. Common pitfalls in applying the FWW methodology
    1. Evidence of the clear mutual understanding
    2. Is the salary guaranteed?-deductions from pay
    3. Even if legal under FLSA, does state law recognize FWW?
    4. How is a bonus or like “extra” pay  handled?
    5. Must hours worked vary above and below 40/week?

Date & Time:

Thursday, May 18, 2023

3:00 pm to 4:00 pm (ET)

Who Should Attend:

  • Wage & Hour Litigation Attorneys
  • Labor and Employment Lawyers
  • HR Personnel
  • Risk and Compliance Officers
  • Employee Relations Professionals
  • Senior Management
  • General/In-House Counsel
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SPEAKERS

Edmund J. O'MeallyMember
Chair of the Labor, Employment and Education Department
Pessin Katz Law, P.A.
Jonathan L. SuldsShareholder
Greenberg Traurig, LLP

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