November
9
- Thursday, November 9
- 1:00 ET
- 10:00 PT
New Overtime Regulations:
How to Implement the Rule Changes
Rule changes are here. Prep yourself on the new compliance.
In this 75-minute interactive online training, you will learn how to:
Prepare for the costly new overtime rules
Avoid the overtime trap the Supreme Court set
Self-audit jobs to assure properly classified exempt status
DOL intends to raise salary level, entitling millions to overtime or big raises
Right before the Labor Day holiday, the DOL proposed expensive new overtime regulations that are expected to raise the salary level for exempt employees high enough to blow any labor budget. In addition, the proposed regs call for an automatic increase in the salary level for exempt administrative, executive, professional and highly compensated employees every three years. Those increases would not require the DOL to draft and issue proposed regulations for comment before implementation.
The Fair Labor Standards Act (FLSA) has been around for nearly a century. It provides for a federal minimum wage plus sets rules for which workers are entitled to overtime, among other rules. The law and its regulations are an established part of the HR landscape. If the proposed regulations kick in, the salary required for most exempt classifications will rise to $1,059 per week, or $55,068 per year. Highly compensated employees would see their annual pay increase to a whopping $143,988.
In addition, the DOL also says that the salary figures may go significantly higher before the final rule comes out — and that the current figures are essentially place holders. Employers must make choices now in anticipation of final regulations. Will you raise salaries to the new proposed level — whatever that level may end up being — and plan for automatic increases every three years or will you reclassify some as hourly employees, making them eligible for overtime?
Don’t expect much help from the Supreme Court either. It recently ruled that a very well-paid oil industry worker was paid a handsome daily rate instead of a weekly regular salary. According to the Supreme Court, that was a big mistake. Because he wasn’t paid on “a salary basis,” he didn’t qualify as exempt. His employer owes him overtime at $2,011.50 per hour!
Agenda for New Overtime Regulations
- The proposed Biden OT regulations: What’s included, what isn’t changing.
- How high can salaries go with indexing? Here’s the metric you need to watch.
- What the White House learned from the last failed overtime reg rollout and won’t repeat, making it highly likely proposed rules go into effect.
- Simple steps to avoid the Supreme Court salary basis trap.
- Why you should self-audit all your exempt employees’ job descriptions now to determine whether you should reclassify some as hourly rather than raise their pay.
- If you haven’t taken advantage of the bonus credit for exempt employees, why you may want to do so soon.
- The single most effective way to cut overtime risk and punish workers who don’t follow the rules.
- Why telework creates new overtime risks and what you can do to cut that risk.
- Why Congress may amend the FLSA, hike minimum wage and tighten overtime rules in an election year.
Interactive Q&A time included
Anniken will answer all your overtime-related questions regarding how the new rules will affect your workplace.
Anniken Davenport is a noted employment law attorney and the editor of the HR Specialist: Employment Law newsletter series. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues, published by HR Specialist. She is a co-author of the upcoming Labor & Employment Law for the 21st Century by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.
Anniken Davenport Attorney and author
Professional Certification Credit Hours Included With This Webinar
Business Management Daily is recognized by SHRM to offer Professional Development Credits (PDC) for SHRM-CP® or SHRM-SCP® recertification activities.
The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.
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Overtime Labor Laws
Everyone who registers will receive our new white paper, Overtime Labor Laws, which explains how overtime is covered by the federal Fair Labor Standards Act. The FLSA has been updated and amended numerous times since being implemented in 1938 and now incorporates more rights like protections against discrimination, the Equal Pay Act, and more.
4 free issues of The HR Weekly
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