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FLSA Exemption Testing in Ambiguous Times: Current Rules, Best Practices and Pitfalls

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Correctly categorizing roles as exempt or nonexempt under the Fair Labor Standards Act (FLSA) regulations is a constant concern for employers. Incorrectly categorizing a role as exempt when it fails to meet a qualified exemption can turn out to be an expensive mistake.
Despite the past few years of controversy over whether or not the regulations would significantly raise the overtime standard salary test, the 2004 regulations remain the current law and the “duties tests” outlined in the current Department of Labor regulations have not changed.
As we have seen over the past 15 years, plaintiffs’ counsel continues to vigorously challenge exemption determinations by employers of all sizes, and across most industries.  Therefore, from a compliance priority perspective, this issue continues to be relevant and critical for compensation professionals to get right. 

As courts weigh in on exemption classifications, we do continue to see important federal court interpretations. With the salary level at $455 per week, it is critical that compensation professionals carefully evaluate whether the roles satisfy one of the available exemption duties tests to maintain compliance.

In this session, we will provide up-to-date assessment tools addressing the current scope of the executive, administrative, professionals, computer and outside sales exemptions.  We will also outline best practices in terms of evaluating exempt status and avoiding the pitfalls which have been exposed in agency enforcement activity and federal court litigation.

Attendees will learn:
• How to efficiently gather job content information
• How to apply the available federal exemption duties tests
• What positions are particularly vulnerable and why
• Alternative compensation plans available for problematic roles 
• Communication implementation strategies when misclassified positions are identified
• Alternative recordkeeping options
• Communication strategies to implemen

Steven Greene

Please note: Prices are subject to change without notice. All sales are nonrefundable. Playback and the on-demand recorded session will be available 30 days following the live event, and you can access the session for 90 days. Your 90-day access begins the day of order.

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Non-Member $149

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