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White Paper

7 Pages
  • 7 Pages

Status Classification: Computer Professional, Outside Salesperson & Other Exemptions & Exclusions

 

Avoid misclassification lawsuits by understanding these different exemptions professions.

As the United States economy evolved and became more technologically oriented, a greater number of professional and specialized workers became focused on computers and computer programming. Although these employees were provided with the discretion and flexibility indicative of a professional, they often did not satisfy the other duties requirements for administrative employees or learned and artistic professionals. Congress and USDOL thus created a computer professional exemption to cover these workers. The computer professional exemption includes both a duties requirement and a compensation requirement. This white paper reviews this exemption and also discusses the outside salesperson exemption, the retail sales and service establishment exemption, seasonal amusement and recreational establishment exemption, motor carrier act exemption, as well as several other exemptions and covers how to assure that these classifications are accurate.

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Status Classification: Computer Professional, Outside Salesperson & Other Exemptions & Exclusions

Agenda

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Status Classification: Computer Professional, Outside Salesperson & Other Exemptions & Exclusions

Faculty

Michael A. Pavlick

Michael A. Pavlick

K&L Gates LLP

  • Partner in the Pittsburgh office of K&L Gates LLP
  • Practice emphasizes all aspects of labor and employment law, with a focus on wage and hour law and traditional labor law
  • Has represented a variety of clients in cutting-edge cases and cases of first impression
  • Conducts regular seminars and workshops on numerous aspects of labor and employment compliance
  • Written several publications related to the areas of labor and employment
  • Best Lawyers’ Lawyer of the Year in 2012 for labor and employment litigation in Pittsburgh, and a Best Lawyer pick every year since
  • Former judicial clerk for U.S. Court of Appeals Judge
  • J.D. degree, magna cum laude and Order of the Coif, Case Western Reserve University; B.A. degree, magna cum laude, Phi Beta Kappa, Drew University
  • Can be contacted at [email protected]
Patrick M. Madden

Patrick M. Madden

K&L Gates LLP

  • Partner and former co-chair of the Labor and Employment and Class Action Practice Groups at K&L Gates LLP
  • Advises employers on wage and hour payment and compliance and compensation plan design
  • Assists employers responding to agency investigations, and represents employers in wage and hour, discrimination, and other employment lawsuits at the state and federal levels
  • Worked on hundreds of state, regional and national wage and hour class actions, including lawsuits involving wage calculation and payment issues, entitlement to overtime and benefits, off-the-clock claims, challenges to exempt status and claims to employee status
  • Listed as a top labor and employment attorney in The Best Lawyers in America and Chambers USA: America’s Leading Lawyers for Business, a super lawyer in Washington law & politics, a Washington State litigation star by Benchmark Litigation, and a leading employment lawyer in Seattle Business and Seattle Metropolitan magazines
  • Frequently speaks, writes, and testifies on wage and hour and wage payment issues
  • J.D. degree, with highest honors, University of Washington School of Law, where he was managing editor of the Washington Law Review; B.F.A. degree, Pacific Lutheran University
  • Can be contacted at [email protected]
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Status Classification: Computer Professional, Outside Salesperson & Other Exemptions & Exclusions

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