Wage and Hour Issues - The Exempt Vs Non-Exempt

Deciding which employees are entitled to overtime has grown harder over the past decade or two. Exempt employees meet the FLSA requirements for exemption from overtime pay; non-exempt employees must be paid overtime. This 90-minute exempt vs non-exempt webinar explains how to tell them apart.

Of the FLSA’s dozens of exemptions, the white-collar group comes up most often: executive, administrative and professional employees, computer professionals and outside sales staff. You'll learn how to apply the salary basis test, the salary threshold and the duties test, including discretion, supervision and authority, and why paying a salary does not by itself make someone exempt.

The session also covers safe harbor policies, job titles and descriptions, job evaluations and interviews, and case examples for pharma sales reps, auto service reps and financial services employees.

• Explain the difference between exempt and non-exempt employees
• Distinguish the most common exemption categories
• Determine whether a job meets one or more exemptions
• Explain why paying a salary may not make an employee exempt
• Understand the role of job titles and job descriptions
• Recognize why proper classification matters

Exemption basics

• Exempt vs. non-exempt employees
• Exemption categories such as executive and administrative
• Salary basis test and salary threshold
• Duties test: discretion, supervision and authority
• Safe harbor policy

Making the determination

• Job titles and descriptions
• Job evaluations and supervisor and employee interviews

Case examples

• Pharma sales reps
• Auto service reps
• Financial services employees

Classifying employees correctly saves time and money that would otherwise go to cleaning up administrative and legal problems, legal fees, unpaid overtime, fines and penalties, and lets you focus on running the business.

This session suits business owners, CFOs and controllers, senior management, compensation officers, HR directors and managers, and supervisors.

• Business Owners.
• CFO’s, Controllers.
• Senior Management.
• Compensation Officers.
• H.R. Directors.
• H.R. Managers.
• Supervisors.

Janette Levey Frisch, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette serve on the Workplace Violence Prevention Institute, a multi-disciplinary task force, dedicated to providing, holistic, proactive and cutting-edge solutions and resources for employers committed to ensuring a safe workplace.