Employer Resource Institute Webinar
Originally presented on May 20, 2010
10:30 a.m. to Noon (Pacific)
|| ||CD Recording Only
Are you sure you've properly determined who is -- and isn't - entitled to overtime at your organization? If you haven't recently conducted an internal exemptions audit, there's no time like the present.
New stepped-up enforcement efforts are striking terror in the hearts of employers all over California, and with good reason. According to a recent workplace litigation report, the 10 largest private wage and hour settlements in 2009 totaled more than $363 million, with half of the settlements stemming from lawsuits filed in California federal or state courts.
Additionally, President Obama's proposed 2011 budget seeks to add 100 new Department of Labor enforcement officers to crack down on employers nationwide who have misclassified jobs. The DOL also will be zeroing in on whether independent contractors should be re-classified as employees - who, in turn, could very well be entitled to back wages for unpaid overtime.
Join us for an in-depth webinar, specifically for California employers, all about how to properly audit exemption classifications and independent contractor status. Our expert -- a seasoned labor and employment attorney -- will provide practical, real-life examples and solutions. You'll learn:
- The key distinctions among the white-collar exemptions
- How the state and federal exemptions rules differ in significant ways that can trap unsuspecting employers
- Real-life examples of how the professional, executive, administrative, and outside sales exemptions have been misapplied
- The key components of a thorough exemption audit, and the timeline for executing each step
- How salary deductions and predetermined amounts of work and compensation may affect exemption eligibility
- Tell-tale signs that wording you're using in job descriptions could fuel "white-collar" workers' and independent contractors' claims for unpaid overtime
- When you may want to re-classify an independent contractor as an overtime-eligible employee so you're in check with the law
- Who should be involved with the various steps of the audit and why
- What you can - and legally should - do if you determine that a misclassification has occurred
- How to communicate your findings without raising employees' suspicions about whether they may be owed back pay for overtime hours worked
Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP. She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions, and she regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force, and offers employer advice and counseling. Orr frequently lectures on employment law topics.
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.
As an additional benefit, you will receive a no-risk trial subscription to Employment Law Compliance for California Supervisors when you register for this webinar (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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simply let us know and we will return your entire registration fee.