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Overtime Exemption Duties Update: Assess if Employees Meet or Flunk the DOL’s Duties Tests and How to Address Misclassification Errors

Overtime Exemption Duties Update: Assess if Employees Meet or Flunk the DOL’s Duties Tests and How to Address Misclassification Errors

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Overtime Exemption Duties Update: Assess if Employees Meet or Flunk the DOL’s Duties Tests and How to Address Misclassification Errors

Live Webinar: Tuesday, November 28, 2017

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific


WEBINAR SNAPSHOT: Learn how to analyze job classifications to determine if your employees meet or flunk the DOL’s duties tests—and what to do if you uncover misclassification errors.



Who is entitled to overtime, and who’s not? That’s been a roller-coaster ride for employers over the past couple of years, as they braced themselves last December for new rules that would have more than doubled the current salary threshold, from $23,660 to $47,476.

And, while the regulations were halted in November 2016 right before they were set to take effect, the DOL filed a new request for information in July 2017. Then, on August 31, 2017, the U.S. Circuit Court of Appeals invalidated the DOL overtime rule that would have raised the salary threshold for workers to be eligible for overtime.

What does all this mean for employers right now? The limbo continues. And, in addition to the turmoil over the salary threshold, an employee must also perform certain types of duties in order to be considered exempt from overtime. And the duties tests can be tricky—particularly when it comes to certain types of managers. Get it wrong, and you could be on the hook for costly back pay and liquidated damages.

Join us on November 28 for an in-depth look at administrative, professional, executive, and outside sales exemptions. Attorney Kimberly Klimczuk will explain how to analyze job classifications to determine if your employees meet or flunk the DOL’s duties tests—and what to do if you uncover misclassification errors. In addition, Attorney Klimczuk will discuss the potential different scenarios that may lie ahead for the tricky world of overtime pay.

You’ll learn:

  • The criteria for meeting “overtime ineligible” status under DOL rules concerning the following exemptions:
    • Administrative
    • Executive
    • Professional
    • Outside sales
  • What “discretion and independent judgment” means in a practical, real-life, work setting
  • How to gather information about specific job functions that can help you evaluate whether an “exemption on paper” is one in fact and would pass DOL scrutiny
  • “Traps for the unwary” concerning the overtime exemption duties tests—common mistakes employers often make when interpreting the white-collar exemptions
  • Signs that an employee has been misclassified under the administrative, professional, or executive exemption
  • What to do if you discover that an employee has been misclassified as exempt from overtime
  • The possibilities for future implementation of a new salary threshold and what you should be doing to prepare for those possibilities
  • How to plan for the uncertain when it comes to overtime regulations
  • And much more!

About Your Presenter:

Kimberly Klimczuk, Esq.Kimberly Klimczuk, Esq.
Partner
Skoler, Presser, & Abbott P.C.

Kimberly Klimczuk joined Skoler, Presser, & Abbott in 2004 and concentrates her practice on labor law and employment litigation. She became a Partner with the firm in 2011. Ms. Klimczuk’s experience includes representing clients in labor arbitration and successfully defending clients in state and federal court and before administrative agencies in a variety of areas of employment law, including wage/hour law, discrimination, harassment, wrongful discharge, and breach of contract. Ms. Klimczuk is a frequent speaker for a wide variety of associations and organizations and is an active member of the Western Massachusetts community.

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