Originally presented on November 4, 2009
10:30 a.m. to Noon (Pacific)

Order Option       Price   CD Recording Only       $219

Watch out. The federal Department of Labor's Wage and Hour Division (WHD) is beefing up the number of wage-and-hour investigators responsible for investigating compensation practices to make sure employers are in compliance with the Fair Labor Standards Act (FLSA) and California's wage and hour laws. To date, the WHD has already added 150 new investigators to its field offices, and it's set to hire 100 more.

Employees (and former employees affected by recent layoffs) are increasingly bringing wage-and-hour actions alleging they were misclassified as exempt. Along with heightened WHD enforcement efforts in force, now's a risky time to make mistakes.

If the WHD's stepped up efforts aren't enough to make your organization take notice, consider this: In two recent lawsuits, juries awarded workers $35.6 million and $2.5 million, respectively, finding that their employers—two big-name retailers—misclassified them as managers and unlawfully failed to pay them overtime.

Join us for an in-depth 90-minute webinar—specifically for California employers—all about how to conduct a thorough self-audit of your overtime exemptions so you don't find yourself being questioned by workers about exemption classifications or, even worse, defending a multi-million-dollar class action lawsuit. Our experts, both experienced employment law attorneys, will cover the ins and outs of an FLSA overtime exemption self-audit. You'll learn:

• What records you should audit and when
• The key questions your audit should address, including inquiries into salary deductions and predetermined amounts of work and compensation
• Best practices for obtaining accurate information about your workers' job duties
• How to properly analyze your audit findings, and the essential techniques to use so you maximize audit results and minimize potential legal exposures
• How to remedy exemption and employment relationship misclassifications, as well as resulting issues with overtime pay

About Your Speakers:

Allen M. Kato, Esq., is an associate in the San Francisco office of law firm Fenwick & West, LLP. His practice concentrates exclusively on representing management in wage and hour, affirmative action, and equal employment opportunity compliance; unfair competition and trade secret matters; privacy issues; and litigating individual and class action wage and hour, wrongful discharge, employment discrimination, and unfair competition matters before courts and agencies. He also trains managers and HR professionals on a regular basis.

Dan Ko Obuhanych, Esq., is an associate in the Mountain View office of law firm Fenwick & West, LLP. His litigation practice focuses on labor and employment law, litigating unfair labor practice claims, discrimination/retaliation lawsuits, grievance/arbitration matters, and EEOC/DFEH charges. In his counseling practice, Obuhanych advises Fortune 500 companies and small employers on a wide variety of employment and labor issues, including harassment, retaliation, union avoidance, wage and hour issues, independent contractor status issues, and leave and accommodation matters.

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.)

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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.