Market Areas > Human Resources >Reclassifying Exempt Employees

Reclassifying Exempt Employees: Navigating Wage and Hour Pitfalls

Course Description:

The heat is on employers that misclassify workers.  In fact, the IRS and DOL continue to crack down on this widespread issue as part of a multi-agency “Misclassification Initiative” that seeks to strengthen and coordinate Federal and State efforts to enforce violations of the law.

The DOL’s Wage and Hour Division (WHD) requested over $15 million for FY2012 to support field investigator training activities and an additional 3,250 investigations.

But misclassification is not your only problem…another trap waits for you: the reclassification of exempt employees. 

Reclassifying from exempt to non-exempt means those employees are now eligible for overtime pay and they’re generally entitled to back pay for the overtime hours they’ve worked.

So what does that mean for you?  It opens the door to costly lawsuits and investigations by the DOL’s Wage and Hour Division. 

Course Highlights:

In this information-packed audio conference you will learn how to limit your exposure to wage and hour lawsuits when reclassifying exempt employees.  You’ll also learn:

• Key reasons for reclassification
• Strategic considerations when reclassifying exempt employees
• Best practices for implementing a reclassification
• How benefit plans are impacted by a reclassification
• How to determine if you should – or should not – involve incumbent employees in an audit process
• If past overtime pay is always due employees when reclassifications occur
• How to identify how far back past overtime pay can be due if reclassifying employees

Faculty:

Rebecca P. Bromet, Partner, Seyfarth Shaw, LLP

Rebecca Pratt Bromet is a partner in the Labor and Employment Department in Seyfarth Shaw's Chicago office. Ms. Bromet chairs the firm's innovative Administrative Charge Team and is a leader within the firm's national Wage and Hour Litigation Practice Group. 

Ms. Bromet devotes a significant portion of her practice to litigating against the Equal Employment Opportunity Commission (EEOC), both at the early charge stage and in large-scale EEOC pattern-and-practice litigation.  Ms. Bromet has handled complex regional and national EEOC investigations, which typical result in no action being taken against our clients.  When the EEOC has resorted to litigation, Ms. Bromet has been instrumental in defending our clients against these high-profile, systemic cases to achieve efficient and effective case resolution. 

Ms. Bromet also represents employers across the country in court litigation and administrative matters arising under federal and state wage and hour laws.  She frequently conducts exempt status and pay practice audits and provides related counseling, training, and change management assistance to our clients.

Jeremy W. Stewart, Associate, Seyfarth Shaw, LLP

Mr. Stewart is an associate in the Labor and Employment Department in Seyfarth Shaw’s Chicago office.  Mr. Stewart's practice has developed with a special emphasis on defending employers in wage & hour matters brought under the Fair Labor Standards Act (FLSA) and state laws.  In addition to representing employers in wage & hour single plaintiff, collective and class actions filed in federal and state courts, Mr. Stewart’s experience also includes advising and counseling employers regarding their wage and compensation policies and practices.

Mr. Stewart's experience also includes counseling and litigation of a wide array of other matters arising under local, state, and federal employment laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, and various other federal and state statutes and common law doctrines relating to employment.  Mr. Stewart has represented employers in cases before administrative agencies, including the U.S. Department of Labor, Illinois Department of Labor, Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Illinois Human Rights Commission, and the Illinois Department of Employment Security.

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:

Unable to Attend?  Order the CD!
Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.25 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. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

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