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Final Paychecks: How to Avoid Legal Risk With Accurate Calculation and Distribution

Better understand how to implement strategies that are compliant with federal and state wage payment regulations for final paychecks.

Employers face an often-treacherous landscape of legal and practical challenges related to final wage payments, ranging from complex and varied timing requirements to divergent rules about what amounts must be included or what (if any) deductions can be made. These problems are particularly acute for multi-state employers, who must navigate an overwhelming array of technical rules about how to pay departing employees. And the penalties for getting it wrong can be significant and costly, as final pay errors can result in legal liability, sometimes in the form of class or collective actions. This course will provide you with an overview of the legal requirements relating to final pay obligations, coupled with practical guidance about how to best calculate final wages in a timely manner. Explore common pitfalls relating to final pay - including issues concerning paid time off and vacation, bonuses and other incentive compensation, and deductions. In addition, the material will provide you with tools to help understand final pay requirements, and discuss best practices to avoid liability.

64 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 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

Determining Final Pay Amounts

  • Calculating Amounts Owed to Nonexempt and Exempt Employees
  • Determining Entitlement to Bonuses and Other Forms of Incentive Compensation
  • Permissible Deductions From Final Pay Amounts (e.g., for Advances/Loans, Equipment, etc.)
  • Expense Reimbursement Obligations Upon Termination

Vacation, Personal Day, and Paid Time off Payment Obligations

  • Where Governed by Law
  • Where Governed by Policy
  • Best Practices for Paying out Vacation or Other Paid Time off

Timing and Methods of Final Wage Payments

  • Deadlines Related to Terminated Employees
  • Deadlines Related to Resigning Employees
  • Deadlines Related to Bonuses, Commissions, and Other Forms of Incentive Compensation
  • The Manner and Place of Paying Final Wages, Whether In-Person, by Direct Deposit, or Mail/Courier

Pitfalls and Potential Liability From Final Pay Errors

  • Potential Liability for Delays in Final Wage Payments
  • Potential Liability for Miscalculation of Final Wage Payments
  • Best Practices to Avoid Delays or Miscalculations in Final Wage Payments
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Why Lorman?

Over 35 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 February 18, 2022.

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

  • AIPB 1.0
     
  • This program is acceptable for 1.0 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 1.0 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.
     
  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 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 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • 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: 63 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • HR Certification Institute 1.0
     
  • This E-Learning program has been approved for 1.0 (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 1.0
     
  • 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 1.0 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.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

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

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.2
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
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.

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Why Lorman?

Over 35 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

Philippe A. Lebel

Philippe A. Lebel

Proskauer Rose, LLP

  • Senior Counsel, Proskauer Rose, LLP (Los Angeles)
  • Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, defamation, and breach of contract litigation, in both the single-plaintiff and class-, collective- and representative-action context; in particular, he has experience litigating complex class and representative actions involving allegations relating to final pay obligations
  • Devotes a substantial portion of his practice to counseling employers on compliance with wage and hour laws, including final pay issues, and has assisted employers with payroll audits that seek to identify and address issues relating to payroll compliance, including final pay calculation, timing, and methods of payment
  • Regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily Journal, The Hollywood Reporter, Business Insurance, and SHRM.org regarding a variety of employment law topics
  • Recognized by Chambers USA in 2021 and was selected by Best Lawyers in America as among its Ones to Watch in both 2021 and 2022
  • Can be contacted at 310-284-4558, [email protected], or www.proskauer.com/professionals/philippe-lebel
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Why Lorman?

Over 35 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.

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Product ID: 409476
Published 2022
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