Update on Obama’s Proposed FLSA Revisions to White Collar Exemption Requirements, and Defending and Managing the Latest Federal and State Claims Involving Misclassification of Workers and Improper Labeling of Exempt/Non-Exempt Employees

January 29, 2015 1:10pm

Stanley Weiner

Jones Day

Robert Crandall MBA

Resolution Economics

Reed Russell

Phelps Dunbar LLP

Changes on the Horizon for White Collar Exemptions – What Will This Mean?

  • Examining the potential implications of the Obama Administration’s proposed comprehensive changes to the FLSA’s “white-collar exemptions” (executive, administrative and professional employee exemptions)
  • What changes are on the horizon for these FLSA regulations?
  • Where is the DOL in the process?
  • What industries are likely to experience the greatest impact from these proposed changes?
  • What minimum salary requirements are being proposed?
  • What changes to the duties tests are being proposed, and what will the implications be for employers and their counsel?
  • Assessing what if any organizational and/or pay practice changes employers will need to take to achieve business objectives and minimize litigation risks as the rulemaking process progresses

Innovative Strategies for Federal and State Claims Involving Labeling Nonexempt Employees as Exempt and Misclassifying Workers

  • Exempt v. Non-Exempt and Independent Contractor Misclassifications: What’s the latest case law on the federal and state level and what are the latest strategies in defeating claims that employers have misclassified workers as “exempt” employees or independent contractors?
  • New categories of employees raising class claims based on independent contractor misclassification
  • Tips, strategies and best practices for avoiding and defending against claims and class suits based on misclassification of interns as “volunteers”
  • Staying on top of recent changes and nuances in Federal DOL and state rules governing classification
  • State law technicalities, including wage statement violations, timing of pay requirements, deductions and reimbursements
  • Litigating state law technicalities when operating a multistate business