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Jeopardizing Exempt Status

Learn how to handle complex issues and avoid costly mistakes.

Once exempt under the Fair Labor Standards Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken, or not taken, by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime. This topic is designed to help you identify issues which jeopardize exempt status and correct them; and to address certain myths regarding what you can and cannot do. Topics to be covered will include payment on a salary basis, permissible and impermissible deductions from salary, supplementing salary with additional payments, reducing salaries or hours, required use of paid time off, performing nonexempt work and more. Identify and resolve thorny problems which jeopardize exempt status.

98 minutes
Certificate of Completion
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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 Fair Labor Standards Act and State Laws

  • Minimum Wage and Overtime Obligations
  • Exemptions
    • Duties Test
    • Minimum Salary Requirement
    • Salary Basis Test

Mistakes and Myths Regarding Employer Actions That May Jeopardize Exempt Status

  • Deductions From Pay for Personal Absences, Sickness or Disability, Misconduct, Lack of Work or Civic Responsibilities
  • Partial Day Deductions vs. Full Day Deductions
  • Additional Duties
  • Pay or Compensation in Addition to Salary
  • Substitution of Paid Leave
  • Recordkeeping
  • Periodic Reductions in Pay and Hours
  • Furloughs
  • Payment of Fees in Lieu of Salary
  • Recoupment of Overpayments or Charges for Damages to Company Property

Best Practices for Avoiding Mistakes

  • Deduction Procedures
  • Safe Harbor Provisions
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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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • 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.

OnDemand Course

This course was last revised on December 16, 2020.

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

No Credit Available

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

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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

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‚Äôs 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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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.

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Product ID: 408022
Published 2020
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