Exempt or Non-Exempt? Proper Worker Classification Under the FLSA: Preparing for January 1, 2025 Rule Change

Steven G. Meilleur 
Instructor: Steven G. Meilleur 
Date: Tuesday October 22, 2024
Time:

10:00 AM PDT | 01:00 PM EDT

Duration: 90 Minutes
Webinar Id: 23358

Price Details

Live Webinar
$150. One Attendee
$290. Unlimited Attendees
Recorded Webinar
$190. One Attendee
$390. Unlimited Attendees
Combo Offers   (Live + Recorded)
$289 $340   One Attendee
$599 $680   Unlimited Attendees

Unlimited Attendees: Any number of participants

Recorded Version: Unlimited viewing for 6 months (Access information will be emailed 24 hours after the completion of live webinar)

Overview:

On August 30, 2023 the Department of Labor (DOL) proposed to significantly increase the minimum salary level to qualify for the "white collar" overtime exemptions under the Fair Labor Standards Act (FLSA).

Understanding this proposal is critical for employers, as it will likely require them to make changes to remain compliant. It anticipated that the new rule will become effective in 2024, so employers need to be prepared for these changes. The proposed rule makes significant changes in which of your employees will now qualify to be “exempt” and therefore not be entitled to overtime. Employees who were previously classified as exempt will now need to be reclassified to non-exempt employees and will then be entitled to overtime. Employers need to be prepared so you will be able to properly classify employees as exempt or nonexempt, under the new FLSA overtime Rule.

Employers must 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 employees as exempt. 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.

This webinar will also go through in-depth the proper way to classify your employees as exempt vs. non-exempt based on the current FLSA regulations. We will show you to ensure compliance with current FLSA the overtime rules, including the current and new FLSA regulations, and explain the changes that employers need to understand and comply with.

We will also review state laws that go beyond the FLSA exemption tests, so you can properly classify your employees working in those states.

Why you should Attend:

Deciding between exempt and nonexempt: Classify employees incorrectly and it will cost you big-time it may even land you in court!
If you're confused about which employees are exempt and which are nonexempt, you're not alone. Many companies are making costly classification mistakes and are paying a hefty price in back pay and lawsuits. As an HR professional, you're probably well aware of the burden of making sure your employee classifications are accurate.

Areas Covered in the Session:

  • The DOL's 2023 proposed overtime regulations, and changes in exemption criteria
  • Understand how to properly classify employees based on the overtime rule revisions to the FLSA
  • The three DOL Tests of Exempt Status: the Duties, Salary Basis, and Salary Level Tests
  • How Salary level test has been raised under the proposed 2023 FLSA Final Rule
  • Understanding the "duties tests" and how to meet FLSA requirements for the Executive Exemption, the Administrative Exemption, the Professional Exemption, Computer Professional Exemption, and Outside Sales Employee exemptions
  • The Highly Compensated Employees Exemption
  • The Importance of a Compliance Review
  • How California and other states' rules differ from the FLSA

Who Will Benefit:

  • HR Professionals
  • Payroll Professionals
  • Managers
  • Supervisors
  • General Counsel

Speaker Profile
Steven G. Meilleur, Ph.D., SPHR – is President, CEO – PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, employee relations, leadership, training & organizational development, organizational research and assessment, strategic & operational planning, and non-profit organization management and governance. Dr. Meilleur has more than 40 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors.

Dr. Meilleur also serves as Senior Vice-President and Risk Services Consultant for Human Resources and Employment with Poms & Associates, a national risk services and insurance brokerage firm. His previous work experience includes public, private, and nonprofit organizations, in executive and management capacities.

He is also on the faculty of the UNM School of Public Administration in the graduate program, teaching in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development. He has spoken at numerous conferences and workshops across the country, and is a published author in the areas of human resources, marketing, leadership and management development, organizational change and innovation, non-profit organization management, and board development.

Dr. Meilleur received a BA in English Literature and Education from Bucknell University, an Executive MBA from the University of New Mexico's Anderson Graduate School of Management, and his Ph.D. in Leadership and Organizational Learning from UNM. He received his certification as a Senior Professional in Human Resources (SPHR) by the Society for Human Resource Management in 1995.

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