Compliance with Federal wage and hour requirements has always been difficult. But things are about to get harder for employers. The U.S. Department of Labor has begun hiring 250 new investigators recently authorized by Congress, which will ramp up the agency enforcement efforts proportionately by 33%. And the Obama Administration has issued new wage and hour and employment related Executive Orders meant to reward their labor movement constituencies. Finally, new collective and class action suits are filed every day on an accelerated pace. Together, these developments mean that employers had better be sure that their house is in order and that they are compliant with wage and hour laws. Given the complexities of these laws, that is an enormous undertaking.
DAY ONE 8:30am – 9:00am REGISTRATION
9:00am – 10:30am OVERVIEW OF WAGE AND HOUR LAW
FAIR LABOR STANDARDS ACT (FLSA) REQUIREMENTS • Minimum Wage • Overtime • Child Labor • Recordkeeping
WHO IS AN EMPLOYEE? • Independent Contractors • Trainees • Volunteers 10:30am – 10:45am BREAK
10:45am – 12:00pm FLSA EXEMPTIONS
• The Salary Basis Test • Executive Exemption • Administrative Exemption • Professional Exemption • Computer Employee Exemption • Outside Sales Exemption • Other Exemptions
12:00pm – 1:00pm LUNCH
1:00pm – 2:30pm FLSA EXEMPTIONS (continued)
WORKING TIME • “Suffered or Permitted” • Waiting Time • Travel Time • Training Time • Meal and Break Time
2:30pm – 2:45pm BREAK
2:45pm – 4:00pm WORKING TIME (continued)
OVERTIME COMPENSATION • The Regular Rate • Half-Time • Time-Off in Lieu of Overtime
DAY TWO 9:00am – 4:00pm, including luncheon
8:30am – 9:00am REGISTRATION
9:00am – 10:30am WORKING TIME • Wages Rates Payable Successor Contractor Obligations • Fringe Benefits 10:30am – 10:45am BREAK
10:45am – 12:00pm THE SERVICE CONTRACT ACT (continued) • Price Adjustments • Other Issues • Differences from the Davis-Bacon Act
1:00pm – 2:30pm THE DAVIS BACON ACT Coverage o What is Construction? o What is a Public Work? o What is a “Laborer” or “Mechanic”? o Federally-Assisted Construction
• Wage Determinations • Contract Work Hours and Safety Standards Act (CWHSSA) Overtime • American Recovery and Reinvestment Act (Stimulus Bill) • Other Issues
2:45pm – 4:00pm COMPLIANCE AND ENFORCEMENT • DOL Investigations • Self-Audits • Disputes with DOL • Disputes with Workers • Class and Collective Actions • Penalties
