Presented by Kara M. Maciel and Jordan B. Schwartz
Wage and hour law continues to evolve as we head into 2020. Most prominently, the new overtime rule will finally become effective, make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). We will discuss this final rule, which is the first update since 2004, and how it revises the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level.
We will also discuss how, in 2020, employers will have more clarity and flexibility about which perks they can include in workers’ “regular rate” of pay, which is used to calculate overtime premiums under the FLSA based on another new rule announced by the U.S. Department of Labor.
Other wage and hour issues, while not the subject of new rules, continue to relevant as we move into 2020. For example, manager misclassification suits have been causing headaches for employers for years, in part because of the high potential for damages and the relative ease of obtaining conditional certification under the FLSA. Likewise, in the current working climate, smartphones and teleworking have made it incredibly easy for hourly employees to work “off the clock,” which has led to a substantial rise in these types of lawsuits. These are just some of the significant wage and hour issues we will be discussing.
Participants will learn about the following:
• Specific strategies to deal with unexpected challenges stemming from the new overtime rule
• Proactive measures to stave off potential misclassification claims
• The proper way to factor supplemental compensation into an employee’s overtime rate