Wage & Hour FLSA Pitfalls | On-Demand Webinar

Agenda:

SEGMENT 1:
Edmund J. O’Meally, Member
Pessin Katz Law, P.A.

1. Common Pitfalls in Misunderstanding FLSA Exempt Classifications.
   
   1. The salary basis test
   2. The duties test
   3. The highly compensated exemption in light of the Supreme Court’s recent decision in Helix Energy Solutions Group, Inc. v. Hewitt(“Helix v. Hewitt”), 598 U.S. —- (2023)
2. Common Pitfalls in Salary Deductions
   
   1. Permitted salary deductions — the seven exceptions to the “no-docking” rule
   2. Improper salary deductions that violate the salary basis test
3. Common Pitfalls in the treatment of Non-discretionary Bonuses
   
   1. Reconfiguring the hourly wage to factor in a bonus for straight time and overtime purposes
   2. Recalculating the hourly wages over a period of weeks to factor in a bonus earned over a period of work weeks for retroactive straight time and overtime purposes
4. Common Pitfalls on “Comp Time”
   
   1. Public sector – compensatory time at time and a half in lieu of overtime pay is permitted by agreement
   2. Private sector – no comp time in lieu of overtime pay

SEGMENT 2:
Jonathan L. Sulds, Shareholder
Greenberg Traurig, LLP

1. The Fluctuating Work Week methodology
   
   1. Clear mutual understanding
   2. Fixed and guaranteed salary for all hours worked whether above or below 40/week
   3. Agreement to compensate hours worked in excess of 40/week at 50% of the hourly rate for the week, in addition to salary paid
   4. Salary agreed will compensate employee for each hour worked at rate in excess of minimum wage
2. Common pitfalls in applying the FWW methodology
   
   1. Evidence of the clear mutual understanding
   2. Is the salary guaranteed?-deductions from pay
   3. Even if legal under FLSA, does state law recognize FWW?
   4. How is a bonus or like “extra” pay  handled?
   5. Must hours worked vary above and below 40/week?

Who Should Attend: