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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: 20+ years
Areas of Expertise: Human Resources
Michael D. Haberman is Vice-President and co-founder of Omega HR Solutions, Inc., a consulting and services company offering complete human resources solutions. Mike brings years of experience in dealing with the challenges of Human Resources in the 21st century. He helps companies work on compliance today to make them ready for the future tomorrow.
Mike is the author of the Human Resources blog found at OmegaHRsolutions.com, which has been recognized several times as a Top 25 in human resources related blogs. It has consistently been named as a top HR blog to read. He has been selected as one of six HR bloggers to be featured on the online version of Human Resources Executive Magazine. He has also been named in the Top 10 Digital Influencers in Human Resources and most recently has been named to the top 65 most influential HR pros on Twitter.
Mike has gained a reputation as a compliance expert. He speaks on a variety of subjects to business associations, human resource associations,and business based civic clubs. He has presented webinars on various HR related issues.View all trainings by this speaker