Travel Pay: Best Practices for Properly Calculating Time Worked under the FLSA and California Law
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Employer Resource Institute Webinar Conference
Originally presented on October 2, 2009
10:30 a.m. to Noon (Pacific)
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CD Recording Only |
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$219 |
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Personnel files—including resumes, applications, interview notes, references, background checks, attendance records, and disciplinary actions. Payroll records for every pay period, not to mention work schedules, time sheets, wage rates, and paycheck deductions. Medical records concerning requests for accommodation, family leave, and workers' comp claims. Completed I-9s and statistical data on your hiring practices.
When it comes to HR recordkeeping, we all know that documentation is key. But there are a lot of federal and California rules and regulations governing what you need to keep and for how long. The dizzying array of documents your organization needs to hang onto could send you into a tailspin if you're not properly equipped to document, store, and—when necessary—purge crucial documents.
Listen to an in-depth 90-minute interactive webinar all about the recordkeeping pitfalls that come with collecting, storing, and disposing your HR files, whether you store information on paper or electronically. Our experts—two seasoned California labor and employment attorneys—will sum up the retention periods for the most common employment records while providing you real-life examples of what not to do when it comes to your recordkeeping. You'll learn:
- The key documents your personnel files should always include and how adequate documentation here could be the key to successfully defending a lawsuit
- When employers have gotten in legal hot water with their wage and hour records and the practical steps you can take so you don't make the same mistakes
- The particular FMLA/CFRA-related records you must keep for several years concerning leave requests
- How long you need to hang on to ADA/FEHA requests for accommodation and when you might want to keep them for a longer period of time
- The records that are likely protected by privacy laws and the manner in which you must store those documents—whether you keep paper files or store them electronically
- The key for determining whether a California or federal law governs the manner in which you store certain documents and for how long
About Your Speakers:
Drew L. Alexis, Esq., SPHR is of counsel with the Los Angeles office of Ogletree, Deakins, Nash, Smoak & Stewart, PC. He represents management in a wide range of employment disputes before federal and state courts and administrative agencies, including in the areas of discrimination, harassment and retaliation, wrongful termination, wage and hour (both individual and representative and class actions), and leave of absence management. Alexis also has served as an in-house attorney for publically traded corporations where he advised management on day-to-day employment issues, including personnel records management.
Alexis earned his Senior Professional in Human Resources certification from the Human Resources Certification Institute in 2004. Since 2006, he has served as an associate adjunct professor of Law at Southwestern Law School in Los Angeles, teaching courses on Employment Discrimination Law and Sexual Orientation Law. Alexis is also a frequent speaker at various local, state, and national conferences on a number of employment law topics.
Mary E. Wright, Esq. is a shareholder with the San Francisco office of Ogletree, Deakins, Nash, Smoak & Stewart, PC. She advises corporations of all sizes in all areas of the employer-employee relationship, including hiring, discipline and assessment, training, investigations, disability accommodation competition and confidentiality, classification issues, and terminations, including furloughs, reductions in force, WARN, and other issues impacting employers in this volatile economic climate.
Wright is a frequent speaker to human resource organizations, and is a published author and blogger. She was the Chair of her former firm's Employment Law Practice Group for seven years, was a member of the Board of Directors for the Bar Association of San Francisco, and now sits on the Association's Judiciary Committee. She was named a Northern California Lawyer Super Lawyer in 2005, 2007, and 2008.
This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). This program is also a California-specific continuing education activity for PHR-CA and SPHR-CA recertification. For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.
The Employer Resource Institute is an approved MCLE Multiple Activity Provider, and this program has been approved for 1.5 hours of MCLE credit by the State Bar of California. For more information, please contact our customer service department at (800) 695-7178.
Bonus Offer
As an additional benefit, you will receive a no-risk trial subscription to Employment Law Compliance for California Supervisors when you register for this Audio Conference (or purchase a CD recording). Each month, you'll receive copies of the current issue to share with your front-line supervisors. If you want to continue to receive the newsletter, simply pay the invoice you will receive in the mail. If you decide the newsletter isn't for you, just write cancel on the invoice and return it. You will owe nothing, and all issues you receive are yours to keep. As with all ERI products, your satisfaction is guaranteed 100%. (Offer good for new subscribers only.)
How Do Webinars Work?
A webinar is remarkably cost-effective and convenient. You participate from your office, using a regular telephone and a computer with an Internet connection. 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 the webinar interface.
You will receive access instructions via e-mail several days before the event. You don't need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.
Why You Can Sign Up To Attend This Event with Confidence
As with all Employer Resource Institute 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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Plaintiffs' attorneys are hungry to file suit against organizations for fair labor standards violations. Those mistakes can serve as a breeding ground for class action lawsuits under California and federal law - often with huge payouts. Knowing this, most organizations pay great attention to their overtime pay practices, but one area that often gets overlooked is travel pay.
Verdicts and settlements against your organization for travel pay violations could cost you just as dearly as ones for overtime violations. Don't wait for the California Department of Industrial Relations or the U.S. Department of Labor's Wage and Hour Division to investigate your organization's travel pay practices or for a full-fledged lawsuit to find out if you've been properly compensating your workforce for their travel time.
Join us on October 2 for an in-depth 90 minute interactive webinar, specifically for California employers, on how to determine once and for all who's entitled to travel pay and who's not. Our experts—both experienced California labor and employment attorneys—will explain how to draft and enforce a travel pay policy in compliance with the Fair Labor Standards Act and California law. Also, you'll learn:
- The key questions you need to ask and issues you need to examine before determining whether a worker is entitled to travel pay
- Real-life examples of when overnight travel, travel during regular work time, commute time travel and travel to attend training programs and meetings are/are not compensable under California and federal law
- Common instances when the FLSA may conflict with California's wage and hour laws governing travel pay and what to do when that happens
- The differing compensation rules covering exempt and non-exempt (hourly) workers and their entitlement to travel pay
- The practical steps you should take to protect your organization from travel pay claims
- When waiting time and on-call time may be compensable under state and federal law
About Your Speakers:
Lloyd W. Aubry, Jr. Esq., practices in the San Francisco office of law firm Morrison & Foerster, LLP. He represents as a counselor and litigator public and private clients in a variety of matters relating to employment discrimination, wrongful discharge, wage and hour law, safety and health issues, and National Labor Relations Act issues. Aubry is a former Labor Commissioner of California (DLSE) and Director of the Department of Industrial Relations entities which administer and oversee the state's wage and hour laws.
Kathryn Davis, Esq., practices in the Walnut Creek office of Morrison & Foerster, LLP. Her practice focuses on all aspects of labor and employment law. She is the author of "Banner, Rats, and Other Inflatable Toys: Do They Constitute Picket Activity? Do They Violate Section 8(b)(4)?" and "Are Your Computer Professionals Really Exempt?" Davis has lectured on a variety of topics, including how to conduct an internal wage and hour audit and wage and hour fundamentals.

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This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). This program is also a California-specific continuing education activity for PHR-CA and SPHR-CA recertification. For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.
The Employer Resource Institute is an approved MCLE Multiple Activity Provider, and this program has been approved for 1.5 hours of MCLE credit by the State Bar of California. For more information, please contact our customer service department at (800) 695-7178.
Bonus Offer
As an additional benefit, you will receive a no-risk trial subscription to Employment Law Compliance for California Supervisors when you register for this Audio Conference (or purchase a CD recording). Each month, you'll receive copies of the current issue to share with your front-line supervisors. If you want to continue to receive the newsletter, simply pay the invoice you will receive in the mail. If you decide the newsletter isn't for you, just write cancel on the invoice and return it. You will owe nothing, and all issues you receive are yours to keep. As with all ERI products, your satisfaction is guaranteed 100%. (Offer good for new subscribers only.)
How Do Webinars Work?
A webinar is remarkably cost-effective and convenient. You participate from your office, using a regular telephone and a computer with an Internet connection. 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 the webinar interface.
You will receive access instructions via e-mail several days before the event. You don't need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.
Why You Can Sign Up To Attend This Event with Confidence
As with all Employer Resource Institute 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.
|