Market Areas > Human Resources > FLSA

FLSA Compliance Strategies: How to Protect Yourself Against Claims

Course Description:

In 2006, the Department of Labor recovered more than $172 million in back wages. That’s a 3.6 percent increase over 2005.  And there were more than 32,000 compliance actions resulting in nearly $7.9 million in civil penalties.  

And this year’s no different.  Lawsuits and multi-million dollar settlements involving unpaid overtime and employee misclassifications continue to dominate the news.  Consider:

• Wal-Mart agreed to pay over $34 million to settle charges for incorrectly calculating overtime pay.
• Starbucks paid $18 million to settle lawsuits alleging managers were misclassified as exempt from overtime.
• Pacific Bell paid $35 million to settle a lawsuit alleging engineers were misclassified as professionals exempt from overtime.  

But it’s not just large organizations. There’s that local tree trimming service in Texas that was ordered to pay $1.8 million in back wages and fines. And, a Utah construction company was hit with criminal charges and $166,000 in damages.

Find out how you can protect your company and ensure you’re in compliance.  Join CCM and our wage and hour experts in this compact, yet completely thorough audio program.  We’ll guide you through the complex maze of the FLSA and provide you with the key components to conduct a self-audit. Plus, you’ll learn:

• How to classify employees as exempt or non-exempt
• Key elements of each white-collar exemption – and how to apply them
• Hot spot areas where you’re most likely to make classification mistakes
• How—and where—to apply tests to minimize misclassifications
• Practical examples of how the classifications are applied to real-life situations
• How to structure your job descriptions to protect your classifications
• Steps for conducting a self-audit to clean up your organization
• How to bulletproof your hours worked calculations
• The “Must Pay” rules for the top 10 FLSA issues: How to handle training programs, travel to job sites, day trips, work done at home, on-call employees and more
• Regular Rate of Pay: Calculating this accurately – including bonuses, vacation pay, and all the other elements that influence your calculation

FACULTY:

Tammy D. McCutchen, Shareholder, Littler Mendelson

Ms. McCutchen represents and counsels management clients in connection with all types of labor and employment matters arising under federal and state law.  As a former Administrator of the Wage and Hour Division of the U.S. Department of Labor, Ms. McCutchen is a leading authority on federal and state wage and hour law.  She focuses her practice on auditing and correcting wage and hour compliance issues  She assists clients to implement compliance programs designed to avoid wage and hour disputes and lower potential litigation liabilities.  In addition, Ms. McCutchen represents and counsels clients on the Family and Medical Leave Act, reasonable accommodation under the Americans with Disabilities Act, federal and state discrimination laws, and the affirmative action and prevailing wage requirements for government contractors. Ms. McCutchen represents clients before state and federal courts, the Equal Employment Opportunity Commission, the U.S. Department of Labor, and state agencies.

As Administrator of the Labor Department’s Wage and Hour Division from 2001 to 2004, Ms. McCutchen was responsible for enforcing some of the country’s most comprehensive labor laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, and the Davis-Bacon Act.  She managed an annual budget of $160 million and 1,400 employees, represented by two unions, in more than 250 offices across the country.  Ms. McCutchen was a primary architect of the first major changes to the DOL overtime regulations in 50 years. Under her leadership, the DOL increased enforcement by 60% while in two years, collecting more than $212 million in back wages for 342,000 employees in 2003. 

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

Pricing:

Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.