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

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OnDemand Course

Are White-Collar Exemptions Being Met?

September 30

Make sure you know if white-collar exemptions are being met at your company.

Many employers think that by paying an employee a salary and designating her as a manager, she is overtime exempt. But employers who do so without taking steps to ensure that they are compliant with all the overtime exemption requirements run the risk of incurring significant liability. Employers must ensure that they comply with federal (and state) requirements regarding overtime exemptions to ensure that their employees are properly classified as overtime exempt. This topic will address the basics regarding the duties requirements for federal white-collar exemptions, in addition to salary basis and salary threshold requirements.

Learning Objectives

  • You will be able to define what the duties tests require for purposes of the federal white-collar exemptions.
  • You will be able to discuss whether an individual might be able to satisfy the requirements for the white-collar exemptions.
  • You will be able to explain how the different white-collar exemptions differ with respect to their respective duties test requirements.
  • You will be able to identify potential red flags regarding overtime exemption issues as related to the duties requirements.

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Why Lorman?

Over 34 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

Overview of Exemptions
  • The EAP or White-Collar Exemptions
  • Computer Professional Exemption
  • Other Federal Exemptions (e.g., Motor Carrier, Railway Labor Act, etc.)
Basic Tests for Exemptions – Salary Test
  • Salary Threshold Test (Minimum Salary Level), Including 2019 Proposed Changes
  • Salary Basis Test and Permitted Salary Deductions
  • Effects of Improper Deductions and Safe Harbor Provision
Basic Tests for Exemptions – Duties Test
  • Executive Duties
  • Administrative Duties
  • Learned and Creative Professional Duties
  • Computer Exemption Duties
Other Federal Exemptions – Sales Exemptions
  • Outside Sales Exemption
  • Commission Sales Exemption
State Laws
  • Different Minimum Salaries
  • No Highly Compensated Test, Separate Computer Exemption
  • States With Duties Test Differences and Some Key Duties Differences
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Why Lorman?

Over 34 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.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on March 17, 2020.

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

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • 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 Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • 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).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 92 Minutes.
     
  • PA CLE 1.5
     
  • 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.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • SHRM 1.5
     
  • 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.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

Live Webinar Registration

  • AIPB 1.5
     
  • This program is acceptable for 1.5 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • CPP/FPC
     
  • Lorman Education Services is an approved provider through the American Payroll Association. This seminar is approved for 1.5 RCHs. PLEASE NOTE: To receive credit through the American Payroll Association for this program you MUST attend the program in its entirety and use the streaming option, as well as 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.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • 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).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • NH MCLE 1.5
     
  • Lorman Business Center, LLC., is approved as an annual NHMCLE sponsor. This program has been approved by the New Hampshire Minimum Continuing Legal Education Board for 1.5 hours of CLE credit.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • 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.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE 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.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • 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.
     
  • 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: www.nasbaregistry.org. 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.
     

Who should attend?

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

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Why Lorman?

Over 34 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

Brian M. Hentosz

Brian M. Hentosz

Littler Mendelson P.C.

  • Associate with Littler Mendelson P.C.
  • Represents employers in wage and hour litigation and traditional labor matters throughout the country
  • In his wage and hour practice, he represents employers in class and collective actions brought under the Fair Labor Standards Act and state wage and hour laws; he has defended employers in the construction, energy, financial services, restaurant, retail, sports and entertainment, and transportation industries
  • He has significant experience defending against allegations of exemption misclassification; unpaid overtime; off-the-clock, preliminary and postliminary unpaid time, and meal and rest break violations; independent contractor misclassification and unlawful tip pooling, tip sharing, and tip credit practices
  • Traditional labor practice focuses on proceedings before the National Labor Relations Board and the Pennsylvania Labor Relations Board; collective bargaining; grievance arbitrations; labor contract administration; strikes and picketing; union election campaigns and corporate transactions
  • Regularly counsels clients on labor and employment compliance issues, including employee handbooks and policies; discipline and termination issues; wage and hour compliance; union avoidance; implementing lawful reductions-in-force; conducting investigations and severance agreements
  • Served as the symposium editor of the Tulane Law Review
  • Named, Ones to Watch, The Best Lawyers in America©, 2021; Order of the Coif; Omicron Delta Epsilon and recipient, CALI Award in Constitutional Criminal Procedure
Paul R. Piccigallo

Paul R. Piccigallo

Littler Mendelson P.C.

  • Associate with Littler Mendelson P.C.
  • Represents employers in various areas of labor and employment law
  • His principal focus is the defense of class and collective action lawsuits under federal and state wage and hour laws, including both white-collar misclassification actions and actions brought on behalf of hourly employees seeking to recover unpaid minimum, regular, and overtime wages
  • Routinely advises employers on wage and hour and other employment-related compliance issues, and is particularly knowledgeable about New York wage-hour law
  • Recent experience includes representing large utility and tech companies in nationwide class and collective actions, and successfully obtaining an order denying conditional certification in a Fair Labor Standards collective action brought in New York on behalf of thirty thousand employees; advising employers on complex commission issues brought under New York law, including preparing executive and commission agreements and litigating claims for unpaid commissions and bonuses; representing clients under investigation by the United States Department of Labor for alleged violations of wage-hour laws, including issues relating to overtime, spread of hours payment, frequency of pay and meal breaks; providing advice and counsel to clients regarding COVID-19 impact issues, including reductions in pay for exempt and nonexempt employees, and compliance with federal and state sick laws and providing training to clients and conducting audits on wage-hour issues, in order to ensure compliance with federal, state and local laws
  • An active member of the firm’s Wage and Hour and Class Action Practice groups, and also serves as one of the firm’s Alumni Ambassadors; he is also the only Associate member of the firm’s Good Faith Defense Taskforce, and is a frequent contributor to the firm’s New York wage and hour-related publications
  • Prior to entering private practice, he served as Deputy Special Counsel at the New York State Department of Labor where he represented the department before courts and administrative bodies; during his time with the department, he represented the department in dozens of administrative hearings, including in matters where eight figures were in dispute, and assisted in drafting state-wide wage-hour regulations in effect today
  • During law school, he externed for Judge Francis M. Allegra of the United States Court of Federal Claims and Judge Arthur J. Gajarsa of the United State Court of Appeals for the Federal Circuit
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Why Lorman?

Over 34 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!


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  • State Specific Credit Tracker
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Product ID: 409068
Published 2020, 2021
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