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Avoiding
Inadvertent Mistakes and Land Mines
Once
you have a salaried employee classified as exempt from overtime, you don’t
want to un-do it and make a mistake which turns that exempt salaried
employee into a non-exempt worker. Employers make mistakes which undermine
the status and cause liability for the employer.
The
Department of Labor changed the rules for salaried-exempt employees and
then put them on hold. Employers made major efforts to examine, adjust and
properly classify exempt positions. Then some revised and changed back
again, or are still in flux.
HOWEVER,
that is just the starting point. The major liability comes after having
properly established a position as salaried, and then losing the exemption
by careless practices or unwitting treatment of those positions. Improper
deductions, salary alterations, time off, discipline and more can result in
loss of the salaried-exemption for one person, or for all your salaried
positions, and cause millions in liability. The Fair Labor Standards Act
can impose that liability not just on the organization, but personally
against the assets of supervisors, HR managers, CFOs, CEOs, and board
members.
Focusing
on only the salary basis requirements can be a big mistake. One must also
preserve and protect the salaried status once it has been properly
established.
Covered
Topics:
- Types of exemptions
- Protecting the exemptions (avoiding improper
processes, danger areas and land mines)
- Improper deductions (absence, discipline, illness,
performance, military leave, etc.)
- When can you dock salary for absence?
- Avoiding land mines
- FMLA, work from home
- The “Safe Harbor” and other policies that can
prevent organizational and personal liability
Who
Should Attend?:
The
broad audience is any and all employers with salaried employees. More
specifically: Human Resources, Office Managers, Chief Financial Officers,
Payroll and Accounting staff. Please
forward email to appropriate person(s).
Instructor:
Bob
Gregg , Boardman &
Clark Law Firm in Madison, Wisconsin, has been involved in employment
relations for more than 30 years. He litigates employment cases,
representing employers in employment contracts, discrimination cases, FLSA,
FMLA and all other areas of employment law. His main emphasis is helping
employers achieve enhanced productivity, creating positive work
environments and resolving employment problems before they generate
lawsuits. Bob has conducted over 3,000 seminars throughout the United
States and authored numerous articles on practical employment issues. Bob
is a member of the Society for Human Resource Management and the National
Speakers Association. He is also a National Faculty Member of the American
Association for Access, Equity and Diversity and served on the Board of
Directors for the Department of Defense Equal Opportunity Management
Institute Foundation.
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