Emerging Issues in FLSA: Navigating Wage and Hour Law in 2017 and Beyond
For the past years, the Fair Labor Standards Act (FLSA) has been tirelessly promoting fair labor conditions and protection for workers against abusive treatment, whether it be from excessive working hours, child labor, unpaid overtime and unsafe working conditions. Last year, former President Obama announced a final rule update to the FLSA. The update, also referred to as the white-collar overtime provision would double the salary threshold of employees guaranteed with overtime pay. However, a few weeks before its scheduled implementation, a consortium of 21 states filed a joint lawsuit to keep the Department of Labor (DOL) from implementing the new exemption rule.
After repeated extensions and the uncertain future under the new administration, numerous possibilities now exist and along with these possibilities are challenges and pitfalls that may potentially create unwanted risks.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present to the audience an in-depth analysis of the fundamentals as well as the emerging issues in FLSA. Speakers will also go beyond the basics and provide best practices and practical tips to avoid potential risks and pitfalls.
Key topics include:
- FLSA Overtime Changes
- FLSA Wage and Hour Compliance
- Scope and Exemptions
- Recent Court Decisions
- Recent Changes in Federal and State Laws
- Trends, Developments and Updates
Scott D. Piper, Partner
Harris Beach PLLC
- Off-the-Clock Activity: the latest guidance on what constitutes “hours worked” for nonexempt employees.
Tabitha G. Davisson, Partner
Thompson Coburn LLP
- DOL withdrew two informal guidelines on independent contractors and joint employment on 6/7/17
- Previous focus according to the DOL was on economic dependency. Discuss impact of withdrawing this guidance.
- DOL previously planned to look at dual employer relationships closely. Discuss impact of withdrawing this guidance.
Robert G. Brody, Founding Member
Brody and Associates, LLC
- Last year, a federal District Court judge temporarily enjoined portions of President Obama’s changes to the white collar exemptions. The Judge recently granted a motion for summary judgment and made the injunction permanent. We will discuss what this means for employers going forward;
- The joint employer issue currently being pursued by the National Labor Relations Board will have consequences for wage and hour law. In the last several years, the NLRB has implemented a stricter joint employment standard and has been aggressive in pursuing employers on this issue. The Department of Labor has previously stated its intent to follow suit. This will have implications in a wide variety of industry – for instance, employers could find themselves liable for the wage and hour practices of entities such as temporary staffing agencies;
- Under President Obama, the Department of Labor ramped up enforcement of wage and hour laws through increased investigations and audits. In light of the Trump Administration’s pro-business views, we expect less emphasis on enforcement by the federal Department of Labor going forward;
- We expect numerous states to counter decreased wage and hour enforcement at the federal level by increasing their own enforcement efforts and passing tough new wage and hour laws. One example of this trend is the Fair Workweek set of legislation, which seeks to dictate how employers can set and make changes to employee schedules. These laws have already passed or will soon be voted on in jurisdictions around the country.
Who Should Attend:
- Employment and Labor Lawyers
- Human Resources Personnel
- Employment Law Advisors
- Employee Relations Professionals
- In-House Counsel
- Wage & Hour Litigation Attorneys
- Wage & Hour Consultants
- Senior Management
- Other Interested Professionals
As a tenacious researcher and litigator who focuses on the broader strategy of a litigation, Tabitha has successfully represented employers in state and federal courts, as well as before administrative agencies like the Equal Employment Opportunity Commission and the Missouri Commission on Human Rights. Tabitha has litigated discrimination cases, wage and hour collective and class actions, unfair competition cases, and cases brought under Title VII, ADA, FMLA, ADEA, FLSA, Missouri Minimum Wage Act, and the Missouri Human Rights Act. She also represents carriers in RLA and FRSA litigation.
As a tenacious researcher and litigator who focuses on the broader strategy of a litigation, Tabitha has successfully represented employers …
Scott brings extensive private practice and in-house counsel experience in all areas of labor and employment litigation to his client engagements. He represents employers in the wide range of labor and employment law matters, from intricate employment class action lawsuits to litigation involving all types of workplace disputes such as claims of unlawful termination, discrimination, harassment, and unpaid wages or benefits. He also represents employers before all types of administrative agencies including the New York and United States Departments of Labor, the EEOC, the New York State Division of Human Rights, the OFCCP, OSHA, and the NLRB. Scott’s practice includes preparing and negotiating separation packages and advising on contractual issues such as employment agreements and non-compete agreements.
Prior to joining Harris Beach as a member, Mr. Piper was a named partner of Piper Schultz LLP, a boutique law firm he founded that primarily counseled and represented businesses in all labor and employment matters. Prior to forming his own firm, Mr. Piper was the in-house labor and employment counsel for Paychex, Inc.
Scott brings extensive private practice and in-house counsel experience in all areas of labor and employment litigation to his client …
In 1997, Robert G. Brody founded Brody and Associates, LLC, a Labor, Employment, and Benefits Law firm which represents management and is located in Westport, Connecticut. Bob graduated Magna Cum Laude with Honors in Economics from Kenyon College in Ohio in 1979 and received his J.D. in 1982 from Vanderbilt University School of Law in Nashville, Tennessee. He has been in private practice for over 35 years and is licensed to practice law in Connecticut, New York, Michigan, Illinois, and the Mashantucket Pequot Tribe. Additionallly, Bob is admitted to nine United States District and Circuit Courts of Appeal. He is on the editorial boards of The Corporate Counselor and Employment Law Strategist and is a contributor to many publications regarding employment law issues.
In 1997, Robert G. Brody founded Brody and Associates, LLC, a Labor, Employment, and Benefits Law firm which represents management …
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Method of Presentation:
Experience in labor and employment law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Thompson Coburn LLP
Thompson Coburn LLP is a full-service business law firm with 380 attorneys nationwide practicing in more than 50 areas of the law, including financial services, business/ transactional, human resources, intellectual property, litigation, private client, real estate, environmental, regulatory and lobbying and policy. The Firm serves a diverse client base, and we are regularly ranked among the nation’s top law firms for client service and delivering value by BTI Consulting.
About Harris Beach PLLC
Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the 2017 BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Their clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.
About Brody and Associates, LLC
For over 20 years, Brody and Associates, LLC has been a nationally recognized boutique Labor, Employment, and Benefits law firm representing management in all matters involving employees. We represent a broad range of organizations, from family-owned and emerging businesses to multinational Fortune 500 corporations. Our Firm tailors our services to meet each client’s unique needs.
We are both counselors and litigators. We use our decades of experience and in-depth knowledge of our field to provide proactive day-to-day counsel and advice on all employment-related matters and zealously represent employers before Federal, State and Local courts and agencies. We also provide guidance for employers with unionized and union-free operations.