PROPERLY CLASSIFYING WORKERS UNDER THE FLSA: Exempt v. Non-Exempt

Duration:
90 Minutes  
Instructor
Steven G. Meilleur

It is extremely important for employers to ensure that their employees are not improperly classified as exempt when they are really nonexempt.

Recorded
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Overview

It is extremely important for employers to ensure that their employees are not improperly classified as exempt when they are really nonexempt. In the event of an employee lawsuit or an audit by the DOL, employers will be required to substantiate their reasons for classifying a particular employee or employee as exempt. The burden of proof will be on the employer to establish exempt status, not on the employees or the DOL to prove that employees are not exempt. Many employers have learned this lesson the hard way. In addition to enforcement action by federal and state departments of labor, improper classifications have resulted in many collective action lawsuits by groups of employees, many of which have resulted in multimillion-dollar settlements.

The purpose of this webinar is to assist HR professionals in determining whether employees qualify for any of the exemptions from the FLSA's overtime and/or minimum wage requirements.

Why you should Attend

In addition to paying back wages, an employer that is found to have improperly classified employees under the FLSA will generally be subject to fines and penalties that can equal or even exceed the amount of unpaid back wages due to the improperly classified employees.

Areas Covered in the Session

  • The Fair Labor Standards Act (FLSA), what it covers, and why it exists
  • The DOL’s new overtime regulations, and changes in exemption criteria
  • Criteria for the 6 exemption classifications and who they do and do not apply to
  • The 3 Exemption Tests that must be met
  • Methods for properly classifying your employees based on the Final Rule revisions
  • The Importance of a Compliance Review
  • How to identify and change a job’s classification based on these new rules
  • Problematic pay practices that may put an employee’s exempt status at risk

Who Will Benefit

  • HR Professionals
  • Managers
  • Supervisors
  • Business Owners

Speaker Profile

Steven G. Meilleur Ph.D., SHRM-SCP, SPHR is President/CEO of PRAXIS Management Solutions, LLC, a training and consulting cooperative with a team of expert, and experienced associates specializing in all aspects of human resource management, organizational management, research and assessment, risk management, strategic and operational planning, organizational development, and nonprofit management & board governance, in the public, private for-profit, and private non-profit sectors.

He also serves as Sr. Vice-President of Risk Services - HR & Employment, for Poms & Associates, leading a team providing consulting and other support services to clients nationwide in human resources and employment matters. Dr. Meilleur is also a faculty member with the UNM graduate School of Public Administration, teaching in the areas of human resource management, leadership, organizational behavior, strategy and change, and NPO management.

With more than 50 years of experience as a working professional in human resources in the public, private for-profit, and private non-profit sectors, having served in executive and other management positions.

Dr. Meilleur received his BA in English Literature and Education at Bucknell University, and his Executive MBA & Ph.D. from the University of New Mexico. He earned both the SPHR and SHRM-SCP professional certifications from the Society for Human Resource Management.
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