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Human Resource & Payroll

Exempt v/s Non-Exempt Employee: Understanding and Mastering the New Overtime Rules for 2024 and Beyond!

Overview:

Improper exempt worker classification and non-compliance with regulations pertaining to them generate some of the largest back pay awards and fines ever recorded.  Penalties and back wages are computed with the same formula for all companies--large or small. Exempt employee classification and compliance infractions can be devastating or ruinous to any employer.

Although payroll rarely makes the decision on which employee is classified as exempt it is critical that they understand the regulations regarding how the determination should be made.  It is even more critical that the payroll department understand and apply the strict rules for paying employees who are classified as exempt. The department must ensure that all exempt employees are paid on a salary basis and that no exempt employee’s wages are docked improperly. It is crucial to remember the penalties for errors apply to both the classification of the worker and the actual payment of salaries when it comes to exempt employees. More importantly, the penalties are applied to all workers in the same job classification under the same manager when a mistake is made on paying an exempt employee not just the one worker who was paid incorrectly.

Areas covered in this Training:

· What is the FLSA and why it is so important
· How does the FLSA define: An Employee & Temp Employees
· What is exempt—exactly
· Difference between exempt v/s non-exempt employees
· What are the categories of exempt employees under the FLSA?
· Examine the job duties test
· What is the bonus rule?
· How is the highly compensated exemption applied?
· DOL’s Latest Overtime Rules
· Examine the Latest from DOL on upgrading salary level tests for exempt employees!
· What is salary basis?
· When you can and when you cannot dock the pay of an exempt employee?
· Where do the states stand on exempt?

Why Attend this Training:

While properly classifying an employee is challenging, ultimately, an employer’s life is much easier when it does so properly from the beginning. Misclassifying an employee as exempt can lead to an employer not only owing two or more years’ worth of overtime, but liquidated damages in at least the same amount (yes, at least double the amount of straight and overtime pay).

In this webinar we will discuss the four classifications of exempt employees permitted under Department of Labor rules including executive, administrative, professional and outside sales.  We will examine the salary level test including rules for using bonuses to cover salary and the salary basis test.  We will determine what deductions can be properly made from an exempt employee’s salary and which, if made, would violate the salary basis test and result in penalties for the employer.

Suggested Attendees:

· Payroll Executives/Managers/Administrators/Professionals/Practitioners/Entry Level Personnel
· Human Resources Executives/Managers/Administrators
· Accounting Personnel
· Business Owners/Executive Officers/Operations and Departmental Managers
· Lawmakers
· Attorneys/Legal Professionals
· Any individual or entity that must deal with the complexities and requirements of Payroll compliance issues

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