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Exempt v. Non-Exempt in California: How to Evaluate Classifications to Determine If Employees are Entitled to Overtime

California Employer Advisor Webinar

Live webinar coming Wednesday, August 29, 2012
10:30 a.m. to 12:00 noon (Pacific)

Exempt or non-exempt? It's a question that HR professionals across the state often struggle with.

And it's no wonder why: California's wage and hour rules are voluminous, and the devil in the in the details when it comes to ensuring that you've properly classified an employee as exempt from overtime.

It's not enough to rely on the job title or job description. Discerning whether a particular position is truly exempt from overtime under California and federal law requires you to know the California wage and hour rules, and how to apply those rules to each position so you can correctly determine whether overtime compensation may be owed.

Don't miss our webinar on August 29, specifically for California HR professionals, when our presenter will use real-life examples to illustrate when an employee classified as exempt may in fact be entitled to overtime pay under state and federal law.

He'll also provide tips on how to tell if you've incorrectly misclassified non-exempt employees as independent contractors--and what you should do immediately to correct your mistakes.

You'll learn:

  • How to judge exempt versus nonexempt status in California
  • Common misconceptions about California exemption classifications
  • The checklist of duties white-collar employees must perform to meet the definition of being exempt from overtime under state and federal law
  • How to properly apply the salary basis test here in California
  • Recent cases alleging exemption misclassifications - and how to avoid getting caught up in the same litigation trap as the employers in those cases did
  • Tell-tale signs that an independent contractor is really your employee and how to fix your mistake

This webinar is exclusively available to our CEA Online subscribers. If you're already a CEA Online subscriber, and would like to attend this webinar free of charge, please click here to register.

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About Your Speaker:

Attorney Mark J. Jacobs, a partner in the Irvine office of Fisher & Phillips LLP, has expertise in handling complex, multi-plaintiff wage and hour, harassment and discrimination, and other administrative matters. He focuses his practice on defending employment related lawsuits and administrative complaints on a variety of issues, including harassment, retaliation, and discrimination, and he represents employers in both state and federal courts as well as before state and federal agencies, such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement.

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.

California Employer Resources 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.

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