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Requirements and Exemptions When Calculating Overtime

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.


Runtime: 88 minutes

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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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.

Credits

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This course was last revised on January 28, 2019.

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

  • SHRM 1.25
     
  • 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 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

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

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.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT 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.

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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

Natalia O. Delaune

Natalia O. Delaune

Jones Day

  • Senior associate with Jones Day
  • Extensive wage and hour litigation practice, including defense of complex class and collective actions and representative actions under California’s Private Attorneys General Act (PAGA)
  • Member of team that successfully defended off-the-clock and regular rate class action lawsuits for Verizon Wireless
  • Regularly advises companies on workforce structuring and compliance with wage and hour laws
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 2019
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