The U. S. Department of Labor has a long list of all the things that employers are doing wrong under the Fair Labor Standards Act (FLSA). Misclassification of employees is one major area that both the USDOL and the IRS are clamping down on. Mistakes in classification can result in major settlements, including back pay, payment of fines, and reclassification. The second area that is being investigated is improper payment of overtime. The USDOL has said that employers are stealing wages from their employees and they intend to correct all those mistakes. Mistakes on payment of over-time can be expensive to correct, because if you have been making that mistake on one employee you have been making for many. Correcting overtime pay means going back two years or more to correct your mistakes. This can be very expensive.
Losing a wage case can be an expensive proposition. In addition to back wages, employers must also pay penalties, interest and the legal fees of the employees if they prove their case. These cases are difficult to defend because quite often employers did not know they were in the wrong, unfortunately, ignorance of the law is no excuse. While settlements may not amount to more than $5000 per employee, class action suits are common and may result in costs of over $200,000 to multi-million dollar settlements, depending on the size of the company.
• What is a non-exempt employee
• What is an exempt employee
• A brief word about independent contractors
• How to calculate overtime:
a. Time and a half is not so simple
b. Regular rate of pay
c. The effect of bonuses
d. The effect of productivity pay
e. New FLSA overtime rule
• The most recent changes in exempt classification under the Fair Labor Standards Act (FLSA)
• Who is a nonexempt employee
• How nonexempt employees are paid overtime
• What is the new definition of “regular rate” of pay
• Small Business Owners
• Payroll Managers
• HR Managers
• Labor and Employment Law Personnel
Years of Experience: 35+ years
Areas of Expertise: Human Resources
Michael D. Haberman is a consultant, speaker, writer and teacher. He is President of Omega HR Consulting, a consulting and services company offering complete human resources solutions. Mike brings 35+ years of experience in dealing with the challenges of Human Resources in the 21st century. He has a Master's in HR and is certified as a Senior HR professional. He has over 18 years’ experience in the class room teaching human resources fundamentals and certification preparation.
Mike is the author of the Human Resources blog found at OmegaHRConsulting.com, which has been recognized as top human resources related blogs. He has also been named a top Digital Influencer in Human Resources.
Mike has gained a reputation as a compliance expert and as an HR futurist. He speaks on a variety of subjects to business associations, human resource associations and business based civic clubs. He has presented numerous webinars on various HR related issues.