Understanding FLSA’s Compensable Time Requirements for Non – Exempt Employees
The Fair Labor Standards Act (“FLSA”) has provided guidelines and definitions regarding what is considered compensable time. Unfortunately, employers often fail to understand the guidelines, which eventually could lead to costly fines and litigation.
To address the issues on what to consider as “work hours” and how to properly compensate your non – exempt employees, the Knowledge Group has assembled a panel of distinguished professionals and key regulators to help understand and implement FLSA’s compensable time requirements. The speakers will present their expert opinions in a two-hour LIVE Webcast covering the following significant issues:
- Compliance with FLSA’s compensable time requirements
- Calculating the amount of money a non-exempt employee should receive for all hours worked
- Practical Solutions on some of the common pitfalls for employers
- Training your staff and establishing clear policies about non-exempt employees working hours
- Legal Issues involved in case errors in compliance are identified
- Recent DOL changes concerning salaried exempt employees
- And a lot more!
Staci Ketay Rotman, Partner,
Franczek Radelet P.C.
- General summary of exemptions and the importance of knowing whether an employee is exempt/non-exempt
- Independent contractors and why it matters when workers are misclassified
- Issues associated with compensability and the continuous work day:
- Home work
- Suffer or permitted to work”
- Automatic deductions (lunch)
- Travel/commuting time
- Fixing Problems and practical solutions
Loren Gesinsky, Partner,
Seyfarth Shaw LLP,
- De Minimus” and “Integral and Indispensable” Standards
- Technology-Driven Porosity in Where, When, and How Work Done
- Unscheduled Work Happens: Plan for It and Require Detailed Reporting
- Radical Measures Such as Technology Locks, Supervisor Pay Incentives, Etc.
- Exception-Based Reporting and Other Problematic Timekeeping
Dr. Elizabeth Becker, Senior Vice President ,
National Economic Research Associates, Inc.
- Complexities in using business records for computing unpaid overtime – Types of time-stamped business records: time clocks, computer/phone logs, security swipes, scanner devices, e-mails
- Potential problems: missed swipes, multiple swipes, extreme values, systems changes or changes in practices over time, off-swipe activities, managerial overrides, strategic behavior
- Use of statistics and algorithms to evaluate data from business records: evaluation of the distribution of outcomes, assessment of outliers, learning from unbalanced or bi-modal distributions, out-of-sample projections, application of rounding rules and de minimus computations, scenario analysis
- Dealing with strictly off-the-clock time through time and motion studies: walk time, donning/doffing, wait time
- Developments regarding the fluctuating work week method of calculating overtime for salaried non-exempt employees – Description of fluctuating work week methodology
- Recent DOL guidance and recent court decisions
- Computational challenges
Who Should Attend:
- Human Resources
- In-House Counsel & Employment Law Attorneys
- Financial Officers
- Private companies
- Public companies
- Compliance officers
- Audit Partners
- Other related Professionals
Staci Ketay Rotman is a partner at the law firm of Franczek Radelet, co-chair of the firm’s Wage and Hour Practice, and co-author of the firm’s Wage & Hour Insights blog (www.wagehourinsights.com). Staci represents private and public employers in all aspects of labor and employment law. She has tried employment cases before federal courts, and represents clients before federal and state courts and administrative agencies, as well as in arbitration proceedings. She advises and represents employers on the Fair Labor Standards Act (FLSA) and related state statutes, ranging from worker classification audits to claims alleging unpaid wages.
Staci represents employers in a wide variety of industries, including manufacturing, financial services, retail, hospitality and hotels, utilities, hospitals and nursing homes, and municipalities. Staci has authored a number of articles on wage and hour topics, including co-authoring “Pharmaceutical Sales Reps Join White-Collar Quest for Overtime Pay,” BNA’s Daily Labor Report (September 28, 2011) and co-authoring “Non-tipped Duties Cannot Exceed 20 Percent of Work,” Hospitality Law (July 2011). She earned her J.D., with honors, from Chicago-Kent College of Law and her B.A. from the University of Illinois, Champaign-Urbana.
Staci Ketay Rotman is a partner at the law firm of Franczek Radelet, co-chair of the firm’s Wage and Hour …
Loren Gesinsky is a partner in the Labor & Employment Department in the New York office of Seyfarth Shaw LLP, and a member of the Wage & Hour Practice Group. Mr. Gesinsky represents employers before state and federal courts, administrative agencies, arbitrators, mediators, and other tribunals regarding all legal issues relating to the workplace, including wage and hour collective and class actions, discrimination, harassment, wrongful discharge, breach of contract, non-compete, other restrictive covenants and trade secrets. He also counsels employers and negotiates agreements regarding these issues, with particular attention on strategies to avoid litigation. Additionally, he participated actively in the United States Chamber of Commerce task force that developed comments on the United States Department of Labor’s proposed regulatory changes to the FLSA’s white-collar exemptions.
Mr. Gesinsky has over two decades of experience working as a labor and employment attorney. He developed an especially broad foundation for his representation of employers by previously practicing plaintiff’s employment law and commercial litigation. Mr. Gesinsky has successfully tried, arbitrated, mediated, and otherwise advocated in numerous matters involving multiple and single plaintiffs. Recognition of Mr. Gesinsky’s professional accomplishments includes his election as a Fellow of the College of Labor and Employment Attorneys, listing in Best Lawyers and Super Lawyers, appointments to Chair the Committee on Legal Issues Affecting People With Disabilities and the State Affairs Committee of the New York City Bar Association, and selection for mayoral appointment to the New York City Commission on Human Rights. He is a frequent author and presenter on employment-law issues.
Loren Gesinsky is a partner in the Labor & Employment Department in the New York office of Seyfarth Shaw LLP, …
Dr. Becker has applied her expertise in economics, statistics and the management of complex databases to a broad range of employment disputes for nearly 15 years. She has been retained in numerous discrimination and wage and hour class actions to address issues of class certification, liability, and damages. She has testified in state, federal and bankruptcy court and before arbitration panels, working for both defendants and plaintiffs. Dr. Becker also assists clients with self reviews of employment practices, implementation of remedial action, and negotiation of settlements.
In addition to her employment-related consulting, Dr. Becker has evaluated claims of discrimination in lending, education, and law enforcement. She has assessed economic losses from breach of contract, breach of fiduciary responsibility, unjust enrichment, and fraud. She also has opined on statistical questions and data integrity issues in warranty claims disputes and consumer class actions.
Dr. Becker joined NERA from Huron Consulting Group, where she was a Managing Director. Previously, she was Managing Principal at Analysis Group, Inc. and Director of the Employment Economics practice at PricewaterhouseCoopers LLP. Dr. Becker also held an appointment as Assistant Professor of Economics at Clemson University.
Dr. Becker’s research on labor economics and statistics has been presented at regional, national and international professional conferences, and has been published in peer-reviewed journals. Dr. Becker holds a PhD in applied economics and an MA in economics from Clemson University, and a BA in economics and political science from the University of Wisconsin, Madison.
Dr. Becker has applied her expertise in economics, statistics and the management of complex databases to a broad range of …
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About Franczek Radelet P.C.
Franczek Radelet is a labor and employment law firm in Chicago numbering 55 attorneys. The firm provides a personal approach and exceptional value by focusing on a few areas of law and doing them exceedingly well. Franczek Radelet serves as a trusted partner and powerful advocate for employers ranging from Fortune 100 corporations to small businesses. Our attorneys partner with employers to create effective workplace practices and provide practical solutions while meeting long-term business goals and minimizing litigation and regulatory risk. When litigation is unavoidable or strategically necessary, we are passionate advocates for employers formulating and executing creative, smart and effective strategies to defend our clients’ interests. www.franczek.com
About Seyfarth Shaw LLP
Seyfarth Shaw has over 800 attorneys located in 10 offices throughout the United States, including: Atlanta, Boston, Chicago, Houston, Los Angeles, New York, Sacramento, San Francisco and Washington, D.C., as well as internationally in London. Seyfarth Shaw provides a broad range of legal services in the areas of labor and employment, employee benefits, litigation, corporate and real estate. The firm’s clients include over 300 of the Fortune 500 companies, and our practice reflects virtually every industry and segment of the economy. Our peers and the business community have recognized Seyfarth and its attorneys as leaders in the labor and employment field, and we are recognized annually in publications such as Legal 500 USA and Chambers USA: America’s Leading Lawyers for Business. For more information, please visit www.seyfarth.com.
About National Economic Research Associates, Inc.
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.
NERA’s clients value our ability to apply and communicate state-of-the-art approaches clearly and convincingly, our commitment to deliver unbiased findings, and our reputation for quality and independence. Our clients rely on the integrity and skills of our unparalleled team of economists and other experts backed by the resources and reliability of one of the world’s largest economic consultancies. With its main office in New York City, NERA serves clients from more than 20 offices across North America, Europe, and Asia Pacific.