 |
|
Avoiding Liability Under the
New FLSA
It is not easy to comply with the labor and employment laws, especially the FLSA. Relying on your common sense will not work with the FLSA.
You decide who wins the 10 FLSA cases filed against the Ebeneezer Scrooge Christmas Wreath Co.
|
|
 |
|
|
 |
If you want a recitation of the new regulations, this course is not for you. This course is not a lecture. Rather, Avoiding Liability Under the New FLSA engages you with 10 federal complaints brought under the FLSA. You review the exhibits and applicable law and figure out who wins the case. By applying the law to the facts, you will learn about the most common FLSA litigation traps.
This course was authored by Robert D. Lipman, Esq. after the FLSA's new regulations were finalized. Mr. Lipman of Lipman & Plesur, LLP has litigated dozens of FLSA cases, including several large class actions. He has lectured on wage-hour matters for the American Bar Association, the National Employment Lawyers Association, the New York State Bar Association and the New York Chapter of the American Trial Lawyers Association. He was a contributor to the ABA/BNA FLSA treatise and co-authored a law review article entitled: A Call For Brightlines To Fix The Fair Labor Standards Act, Hofstra Labor Law Journal, Volume 2, Number 2, Spring, 1994. This article was the first to call for "brightlines," below which all employees are non-exempt and above which employees are exempt: the centerpiece of the new FLSA regulations.
Mr. Lipman designed this course based on the wage-hour issues most likely to result in litigation. Throughout the course, he provides practical tips to stay in compliance.
This course will provide guidance on where to focus when conducting a self-audit. However, it is not a substitute for legal advice. Before changing any of your wage-hour policies, you should consult with your employment lawyer.
Avoiding Liability Under the New FLSA covers the following topics:
- The new “white collar” professional, administrative, executive and highly compensated exemptions
- The salary basis test
- Joint employers
- Independent contractor test
- Motor Carrier Act exemption
- The overtime pay calculation formula
- Training time rules
- Break time rules
- The outside sales exemption
- The FLSA’s miscellaneous overtime exemptions
- New rules on docking
- The new safe harbor for inadvertent docking
- Permissible rounding procedures for calculating work time
- The computer programmer exemption
- Off-the-clock work
- Special rules for hospitals
- Statute of Limitations
- The liquidated damages penalty and what you can do to avoid it
|
|
|
|
|
|
|
|
