Note: FLSA lawsuits have more than doubled over the last several years. HR Professionals, supervisors, and managers should attend this comprehensive review of the Act and recent changes.

• What the FLSA requirements are.
• When and to whom they are applicable.
• How to administer them as a part of your wage and compensation program.
• How to efficiently comply with the applicable recordkeeping requirements.
• In-the-workplace guidance on what your rights and options are under each key provision of the Act.
• Analysis of the latest legislative initiatives.

Employers are subject to a wide range of Federal standards covering employee wage and hour requirements, chief among which are those posed by the Fair Labor Standards Act (FLSA). The FLSA establishes minimum wage and overtime requirements for all nonexempt employees—be they working in the private sector, on Government contracts, or for the Government itself. The FLSA regulates a number of areas, including minimum wages for covered employees, overtime premiums for work in excess of what is considered the applicable statutory work week, equal pay for equal work regardless of sex, and safeguards for certain child workers.

Administered and enforced by the Department of Labor's Wage and Hour Division, the FLSA is in an almost constant state of review, interpretation and amendment. Consequently, employers are continually confronted by a large number of difficult questions and problem areas, including:

• Who is exempt and who is not exempt from the FLSA’s provisions.
• The nature of the “salary basis test” for exemptions.
• Growing “production worker” problems with administrative employees.
• Working-time issues and calculations, such as “on-call time” issues.
• Calculating employees’ overtime rates, including bonuses and other types of compensation.
• Special provisions of the FLSA applicable to employees of public employers.
• New requirements and changes resulting from recent legislation covering “sub-minimum” wages, “training ” wages, “computer programmers”, and other issues.

The purpose of this special one-day program is to detail what the FLSA’s requirements are, when (and to whom) they are applicable, how to administer them as a part of your wage and compensation program, and how to efficiently comply with the applicable recordkeeping requirements. Further, the program offers in-the-workplace guidance on your rights and options under each key provision of the Act. And, crucial to an employer's compliance with the FLSA, the course gives solid guidance on how to anticipate and resolve problems, including those listed above, that can arise.

1. Overview
   1. History and Purpose of the Fair Labor Standards Act (FLSA)
   2. Coverage of Employees
   
   
2. FLSA Requirements
   1. Minimum Wage
      1. Special subminimum wages
      2. Students at subminimum wage
      3. Apprentices and learners at subminimum wages
      4. Employment of workers with disabilities under special certificates
   2. Overtime
   3. Child Labor
   4. Equal Pay
   5. Recordkeeping
   
   
3. Who Is an Employee?
   1. Independent Contractors
   2. Trainees
   3. Volunteers
   4. Prisoners
   5. Elected Officials, Personnel Staff, Political Appointees, Legal Advisors
   
   
4. FLSA Exemptions
   1. The Salary Basis Test for Exempt Executive, Administrative, and Professional Employees
   2. Executive Employees
   3. Administrative Employees
   4. Professional Employees
   5. Outside Sales
   6. Other Exemptions
   
   
5. What Is Working Time?
   1. Waiting Time
   2. On-Call Time
   3. Rest or Break Periods
   4. Meal Time
   5. Sleep Time
   6. Travel Time
   7. Training Time
   8. Starting and Quitting Time
   
   
6. Special Compensation Problems
   1. Credit For Employer-Furnished Meals or Lodging
   2. Deductions from Employee Wages
   3. Tip Income
   4. Wage Deductions for Uniforms
   
   
7. FLSA Overtime Compensation
   1. Regular Overtime pay
      1. Regular rate of pay
      2. Computation of regular rate and overtime compensation
   2. Half-Time for Salaried Employees
   3. Belo Plans
   4. 1040/2080 Plans for Unionized Employees
   5. Part-Time Workers
   6. Time Off in Lieu of Overtime Pay
   7. Relationship to State Overtime Laws/Preemption
   8. Relationship to Other Federal Labor Standards Laws
   
   
8. FLSA Enforcement
   1. DOL Investigations
   2. Government Lawsuits
   3. Criminal Actions
   4. Private Suits
   5. Anti-Discrimination Provisions
   6. Employer Defenses
      1. Good faith defense
      2. Reliance on DOL opinions-absolute good faith
      3. Statute of limitations
   
   
9. FLSA Liabilities
   1. Employee Remedies
      1. Wages
      2. Overtime compensation
      3. Liquidated damages
      4. Prejudgment interest
      5. Attorneys’ fees
      6. Equitable relief
   2. DOL Remedies
      1. Criminal penalties
      2. Civil penalties
      3. Injunctive relief
      4. Lawsuit on employees’ behalf
   3. Settlement of FLSA Lawsuits
   
   
10. Special Issues for State and Local Government Employers
    1. Volunteers
    2. Compensatory Time
    3. 207(k) Overtime for Police and Fire
    4. Recreational Employees
    
    
11. Federal Government Employees
    1. Coverage
    2. Requirements
    3. Special Issues

Daniel B. Abrahams is a partner in the Washington, D.C. office of the national law firm of Epstein Becker & Green, P.C. He has concentrated on Government contracts, construction and labor standards law. Mr. Abrahams handles bid protests, construction disputes, litigation, contract claims, grant disputes and compliance counseling. Mr. Abrahams represents clients before Federal and State courts and various boards of contract appeals.

Mr. Abrahams is a former adjunct assistant professor at George Washington University Law School where he taught a course entitled Federal Labor Standards. He is co-author of five books - Government Contracts Compliance Guide, the Fair Labor Standards Handbook for States, Local Governments and Schools, Employer's Guide to the Fair Labor Standards Act, FLSA Employer Exemption Handbook, and Public Employer's Guide to Payroll Administration. He is co-author of a Briefing Paper entitled The Service Contract Act. He has lectured widely on Government contracts, construction and labor standards topics for private groups, the Small Business Administration, Federal Publications Inc. and the George Washington University Government Contracts Program.

Mr. Abrahams has a Bachelor of Arts degree with high honors from Hobart College and a Master of Arts degree from Washington University. Mr. Abrahams graduated with honors from the George Washington University Law School where he studied Government procurement. He is a member of the Order of the Coif and was Notes Editor of the George Washington Law Review.

SHLOMO D. KATZ is a senior counsel in the Government Contracts and Technology practice in the Washington, D.C. office of Epstein Becker & Green PC. Mr. Katz practices commercial and government procurement law and litigation, wage and hour law, and construction law.

Mr. Katz's experience includes preparing, negotiating and litigating contract claims; advising clients on contract compliance and cost issues; prosecuting and defending bid protests; and advising clients on minimum wage and overtime issues. In addition, Mr. Katz advises clients on matters relating to subcontracting and small business issues, and has represented parties on both sides of prime contractor/subcontractor disputes. He also advises clients on employee classification and salary basis issues.

Mr. Katz's publications include "New U.S. Department of Labor Rules Mean Major Revisions to Corporate Human Resources Policies" (International Legal News, Vol. I, No. 1, May 3, 2004); "New U.S. Department of Labor Rules Mean Major Revisions to Corporate Human Resources Policies" (The Bullet"iln," Vol. III, No. 2, April 2004); "Complying with the Davis-Bacon Act" (Briefing Papers, October 2003); "Practitioner's Comment -Improper Payment Withholding Voids Modification/ Release; Separate Modification Saved by Integration Clause, Federal Circuit Rules" (The Government Contractor, June 4, 2003); "Special Commentary: Labor Department Issues Proposed Revisions to FLSA Exemption Regulations" (Construction Contracts Law Report, May 2, 2003); "The Davis-Bacon Act" (Construction Briefings, November 2002); "Doing Business with the United States Government" (The Bullet"iln," Vol. I, No. 2, December 2001); "The Fair Labor Standards Act: An Introduction to a Law that Perplexes Us All" (CUPA-HR Journal, Fall/Winter 2001); The Service Contract Act: Proposal Pitfalls (The Executive Summary, Vol VII No. 3 June/July 2001); "Accounting and Pricing Issues Under the Service Contract Act" (Government Contract Audit Report, November 1998); and "Adarand Case Prompts Review of Set-Aside Programs" (Contract Management, September 1995).

Mr. Katz is licensed to practice law in the District of Columbia and Maryland. He received his B.S. from the University of Maryland School of Architecture and his J.D. from George Washington University Law School