The Administrative Exemption: How to Avoid Overtime Classification Mistakes in California
Employer Resource Institute Audio Conference
Originally presented on July 26, 2007
You've got a great assistant who sometimes seems to know more about running your business than you do. You've decided to put your assistant on salary, and you change the job title to administrative assistant. Do you still have to pay overtime?
Of the four overtime exemptions—managerial, administrative, professional, and outside sales—the administrative exemption is probably the least clear-cut and the most difficult to qualify for. It's also the exemption that causes employers the most trouble.
Determining whether employees meet the administrative exemption is a very tricky business. The guidelines for overtime exemptions under the federal Fair Labor Standards Act dramatically in 2004, but California has its own overtime exemption rules—which generally provide even greater protections to workers. Even an honest mistake can land you in a heap of expensive trouble, including paying out several years' worth of back pay, plus additional damages and attorney's fees.
Join us on July 26 for an in-depth, practical 90-minute audio conference all about the administrative exemption. Our experts—three experienced California employment law attorneys—will explain the rules governing this exemption for California employers, including those relating to what "discretion and independent judgment" really means. They'll also share practical techniques for classifying administrative employees correctly, the best ways to avoid common overtime exemption mistakes, and advice on conducting effective internal audits to spot errors before they turn into big trouble.
YOU AND YOUR COLLEAGUES WILL LEARN:
- The most common mistakes California employers make when classifying administrative employees for overtime purposes—and how you can avoid repeating them
- What "discretion and independent judgment" really means, in plain English, and why it's different than the typical administrative employee's basic job skills
- How to review your administrative job classifications and descriptions in search of any red flags that could mean classification problems
- The recordkeeping techniques you can use to defend your overtime exemptions for administrative employees
- The safest ways to fix overtime exemption errors—without triggering DLSE audits and employee claims
- Why—and how—you should regularly audit your administrative exempt classifications
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Workers can be classified as exempt from overtime if they fall under one of four exemptions. The administrative exemption, covered in depth in this audio conference, is one of the four. Don't miss these upcoming audio conferences from ERI that will provide additional in-depth guidance on the other three exemptions:
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ABOUT YOUR SPEAKERS:
Laura Innes, Esq., is a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. Innes is engaged exclusively in the practice of labor and employment law. She routinely counsels employers regarding HR issues and has conducted extensive in-house training programs in regard to general employment law, prevailing wage, affirmative action and equal employment opportunity policies and programs.
Marc Jacuzzi, ESQ., is a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. Jacuzzi provides representation and counseling for employers in employment law. He also conducts in-house training programs for employers on a number of employment law topics.
Thomas N. Makris., SPHR, is of counsel at the Sacramento office of law firm Pillsbury Winthrop Shaw Pittman. He has twenty years of experience in employment-related litigation and is a senior professional in human resources.
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hour toward PHR
and SPHR recertification through the Human Resource Certification Institute
(HRCI). For more information about certification or recertification, please
visit the HRCI homepage at www.hrci.org.
How Do Audio Conferences Work?
An audio conference is remarkably cost-effective and convenient. You
participate from your office using a regular telephone. You have no travel costs
and no out-of-office time.
Plus, for one low price you can get as many people in your office to
participate as you can fit around a speakerphone.
Because the conference is live, you can ask the speakers questions'either on
the phone or via e-mail.
With your registration, you also receive conference materials with additional
practical information from California Employer Advisor sent to you via e-mail
shortly before the conference.
Why You Can Sign Up To Attend This Event with Confidence
As with all California Employer Advisor products, you're completely
protected. If for any reason you are unsatisfied with this audio conference,
simply let us know and we will return your entire registration fee.
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