Learn how to navigate evolving federal and state wage and hour laws to prevent costly minimum wage and overtime violations, reduce litigation risks, and ensure accurate, compliant pay practices in today’s complex workplace.
Minimum wage and overtime pay obligations continue to present significant challenges for employers of all sizes and across all industries - and have given rise to hundreds of class and collective actions in recent years. Often, these claims stem from gaps between the realities of the modern workplace and existing law, or from simple calculation errors that can result in six-, seven-, or even eight-figure damages and settlements.
Further complicating matters, both federal and state laws governing minimum wage and overtime obligations have changed significantly in recent years. This program helps employers, human resources professionals, and employment litigators better understand common minimum wage and overtime issues, as well as the pitfalls and compliance traps that have led to litigation. The discussion will examine which types of work are; and are not compensable and will explore how modern work environments and technological advancements have increased the risk of uncompensated time claims. In addition, the webinar will provide guidance on commonly litigated issues related to overtime calculations, including those involving bonuses, commissions, other forms of incentive compensation, and varying rates of pay.
Finally, the program will address evolving overtime and minimum wage exemptions in the post-COVID-19 landscape and explore practical strategies employers can use to avoid misclassification claims. Overall, this material will offer actionable insights for employers with diverse and geographically dispersed workforces to ensure compliance with increasingly complex federal and state wage and hour laws.
Learning Objectives
- You will be able to define compensable work time under both the FLSA and state laws.
- You will be able to discuss the types of compensation and/or benefits that should be included in the regular rate calculation for overtime puposes, as well as those forms of pay that can be excluded (or even credited against
- You will be able to identify groups or categories of employees whose classification as exempt should be reex-amined to avoid potential overtime claims.
- You will be able to recognize common pitfalls in the overtime pay calculation that often lead to litigation on a class or collective basis.
Agenda
Speakers
Philippe A. Lebel,
Proskauer Rose, LLP- Senior Counsel, Proskauer Rose, LLP (Los Angeles)
- Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, defamation, and breach of contract litigation, in both the single-plaintiff and class-, collective- and representative-action context; in particular, he has experience litigating complex class and representative actions involving allegations relating to final pay obligations
- Devotes a substantial portion of his practice to counseling employers on compliance with wage and hour laws, including final pay issues, and has assisted employers with payroll audits that seek to identify and address issues relating to payroll compliance, including final pay calculation, timing, and methods of payment
- Regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily Journal, The Hollywood Reporter, Business Insurance, and SHRM.org regarding a variety of employment law topics
- Recognized by Chambers USA in 2021 and was selected by Best Lawyers in America as among its Ones to Watch in both 2021 and 2022
- Can be contacted at 310-284-4558, Plebel@proskauer.com, or www.proskauer.com/professionals/philippe-lebel
P. Kramer Rice,
Proskauer Rose LLP- Associate, Proskauer Rose LLP (New York)
- Represents employers across a wide array of industries in all aspects of employment litigation, including wage and hour, discrimination, harassment, retaliation, and restrict covenant litigation, in the single-plaintiff and class-, collective- and/or representative-action contexts in state and federal courts and before administrative agencies
- Experience litigating complex class and/or collective actions involving allegations relating to pay equity, the payment of minimum and overtime wages based on the regular rates of pay, and alleged employee misclassifications
- Counsels employers on compliance with wage and hour laws according to local and federal laws and regulations as well as employment and labor contracts, including but not limited to issues involving incentive and commission-based compensation.
- Assists employers with regional and national wage and hour audits
- Speaks regularly on emerging issues for employers
- Has been recognized by Best Lawyers in America
- Admitted in both New York and Texas
Who Should Attend
This live webinar is designed for human resource managers, payroll professionals, benefits administrators, bookkeepers, business owners and managers, CFOs, controllers, and attorneys.
