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90-minute live streaming program
  • January 28
  • 1:00 - 2:30 pm EST

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Requirements and Exemptions When Calculating Overtime

January 28

Are you properly calculating overtime pay for your nonexempt employees?

Understanding how to properly calculate a nonexempt employee’s regular rate of pay is essential for all companies, regardless of the industry. The Department of Labor Wage and Hour Division intends to amend the regular rate regulations in 2019, meaning that this issue is on the federal agency’s radar. It is difficult for companies to oppose certification of a regular rate class in situations where companies use a uniform formula that results in a classwide miscalculation. This program helps the persons responsible for calculating nonexempt employees’ regular rate of pay understand the exclusions and common pitfalls to watch for in light of the DOL’s enforcement agenda and recent court decisions. The information also explains the nuances and complex rules and summarizes recent court decisions on these topics. Properly calculating the regular rate of pay and understanding what must be included and what can be excluded can avoid a costly mistake.

Learning Objectives

  • You will be able to describe the availability of the fluctuating workweek method for nonexempt employees who are paid on a salary basis.
  • You will be able to discuss the FLSA’s regular rate requirement.
  • You will be able to explain when a bonus constitutes as truly discretionary for purposes of exclusion from the regular rate.
  • You will be able to identify when a bonus has been calculated incorrectly into the regular rate.

Michael J. Sciotti is a partner with Barclay Damon, LLP and has several years of experience in employment and labor law. Michael has lectured on a wide variety of labor and employment topics, and is a mediator for the U.S. District Court for the Northern District of New York. Michael provided a brief overview of his upcoming live webinar, New Overtime Rules and Regulations. You can watch the video below:

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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Wage and Hour Collective and Class Actions Pose Greatest Employment Litigation Threat to Businesses
  • Federal Court Filings of Wage and Hour Lawsuits Have Increased More Than Four-Fold From 2000 to 2017
  • Most of These Cases Are Brought as Collective or Class Actions and Command Settlement or Result in Verdicts Costing Millions
  • A Common Wage Claim Is That Overtime Was Calculated Incorrectly Because the Regular Rate Did Not Include Certain Compensation
  • The U.S. Department of Labor's Wage and Hour Division Intends to "Amend 29 CFR Part 778, to Clarify, Update and Define Regular Rate Requirements Under Section 7(e)(2)"
How to Calculate the Regular Rate for Each Workweek
  • The FLSA Requires Employers to Pay Nonexempt Employees One-And-One-Half Times Their "Regular Rate" of Pay for All Work Performed in Excess of 40 Hours per Week
  • The Regular Rate Is an Average Hourly Rate That Consist of "All Remuneration" Including Commissions, Performance Bonuses, and Shift Differentials
  • The FLSA Lists Several Types of Pay That Need Not Be Included in the Regular Rate Calculation
Pitfalls – so What Is Included or Excluded in the Regular Rate?
  • Bonuses That Are Truly Discretionary Are Excluded, but Bonuses That Must Be Included Must Be Calculated Properly
  • Payment for Non-Work Hours Are Excluded, but "Other Similar Payments" Is Vague and Can Cause Headaches Employers Who Try to Fit Payments (Like Certain per Diem Payments) Into the Exclusion
  • Certain Types of Premium Payments May Be Credited Toward Overtime Compensation
  • Regular Rate for Employees Working Two or More Jobs Can Be Difficult to Calculate
Paying Salaried Nonexempt Employees Using the Fluctuating Workweek Method
  • Case Study – FWW Is Advantageous for Employers Who Pay Employees Whose Hours Fluctuate From Week to Week
  • DOL Has Recently Challenged All Types of Bonuses as Inconsistent With FWW
  • Fluctuation and Mutual Understanding Requirements Are Tricky
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Credits

OnDemand Webinar

This course was last revised on November 29, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • AIPB 1.5
     
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  • This seminar has been submitted to APA for RCH approval. PLEASE NOTE: To receive credit through the American Payroll Association if approved, you MUST use the streaming option and enable (and complete) the required progress checks.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
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  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
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  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
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  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
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  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
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  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved by theTennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
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  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
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  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
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  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
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  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of processing payroll. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for payroll and human resource professionals, controllers, CFOs, accountants, bookkeepers, business owners and managers, and attorneys.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stanley Weiner

Stanley Weiner

Jones Day

  • Partner with Jones Day
  • Extensive wage and hour litigation practice, including defense of complex class, collective, and multi-plaintiff actions
  • Creative, client-centered approach
  • Successfully defended over a dozen off-the-clock collective actions for Verizon Wireless
  • Achieved victory for CITGO at the trial and appellate court level where the trial court dismissed with prejudice the claims of all 26 plaintiffs who alleged unpaid overtime and awarded costs to CITGO
  • Defeated class certification in California state court in three class actions for Verizon Wireless involving claims for meal and rest break pay, reporting time and split shift premium pay, and unpaid overtime claimed by store managers
  • Defeated class certification in California federal court for Verizon Wireless for a case in which plaintiffs claimed unpaid overtime
  • Successfully defended nationwide off-the-clock action for JP Morgan Chase
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Product ID: 404439
Published 2017, 2019
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