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Misclassifying an employee as exempt can lead to Wage and Hour claims resulting in mandatory back pay of unpaid overtime, penalties and fines for missed rest/meal breaks in applicable states and potential departmental audits. In addition the rules surrounding when you can and cannot make deductions from an exempt employee's salary are confusing. The federal DOL have a long list of DOs and DON'Ts. And employers in some states, like California, have to deal with state specific lists that are often contradictory to Federal rules. This session will help you:
- Identify the different exempt categories and understand various concepts such as salary test, use of independent judgment and what a learned professional is.
- Explore the differing rules regarding vacation and sick time off and the important nuance between docking an exempt employee's salary and deducting time from sick or vacation banks.
- Discuss how ordinary business-required changes in the workplace can trigger the accidental loss of exempt status and learn how to implement the correct policies and practices that will help avoid the loss of exempt status.