Agenda

Forms of Wage Theft: Payroll and Notice Peculiarities

• Computing Hours Worked: Common Mistakes and Wage Theft Red Flags
• Remote Work and Off-The-Clock Work
• Exempt vs. Nonexempt Employees
• State Payroll Deductions
• Withholding Pay at Separation
• Other Important Notice and Posting Requirements

Avoidance of Intern Misclassifications

• The Intern Exception: Guidance on Which Workers Qualify as Unpaid Interns Under the FLSA
• Important Case Law Regarding the Intern Exception
• Different Rules for Nonprofit Organizations and Public Sector Entities
• Practical Consideration for Implementing a Successful Internship Program

Ensuring Compliance With Recordkeeping Peculiarities to Prevent Wage Theft

• Including All Data Required by Law
• Preserving Records for the Requisite Time Periods
• State Law Peculiarities
• Other Best Practices

Properly Compensating Tipped Employees

• Providing Proper Tip Notice
• Ensuring Tip Credit Compliance
• Maintaining a Proper Tip Pool
• Instituting Lawful Service Charges or Administrative Fees

Proposed Department of Labor Regulations on Overtime and Exemptions

• Preparing for the Avoidance Misclassification Law Suits

Credits

Faculty

Jeffrey M. Landes

Epstein Becker & Green, P.C.

• Partner in the New York office of Epstein Becker & Green, P.C. in the Employment, Labor & Workforce Management practice, where he co-leads the retail service team
• Experience includes counseling clients in a variety of industries including financial services, retail and communications; in all facets of employment law, including compliance with EEO laws and other statutes governing the workplace, independent contractor issues, executive terminations, restrictive covenants, drug testing, background checks, employee discipline and terminations, reorganizations, workplace investigations, leaves of absence, and development of handbooks and personnel policies and procedures
• Practice also includes preparing employment, consulting and separation agreements, counseling multinational companies on unique labor and employment law issues, and conducting wage/hour and human resource audits
• Regularly conducts workplace training sessions for employees and managers and human resources personnel concerning performance management, harassment, diversity, EEO issues, and wage/hour issues, including pay practices and exempt/nonexempt classification issues
• Has represented employers in wage/hour audits before the U.S. Department of Labor and other federal and state administrative agencies
• Past member of the Labor and Employment Committee of the Bar Association of the City of New York and currently a member of the Equal Employment Opportunity Committee of the New York State Bar Association's Labor and Employment Section
• Can be contacted at 212-351-4601 or [email protected]

Jeffrey H. Ruzal

Epstein Becker & Green, P.C.

• Senior counsel in the Labor and Employment practice, in the New York office of Epstein Becker Green
• Represents employers in employment-related litigation in federal courts and before administrative agencies
• Represents employers in the defense of putative collective actions under the Fair Labor Standards Act and class actions under the New York State Wage and Hour Law
• Advises management on a wide variety of employment law matters, including discrimination and harassment issues, among others
• Represents clients in single-plaintiff and class action claims arising under ERISA and other benefits litigation
• Can be contacted at 212-351-3762 or [email protected]