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Are White-Collar Exemptions Being Met?

OnDemand Webinar (86 minutes)

Make sure you know if white-collar exemptions are being met at your company.Many employers think that by paying an employee a salary and designating her as a manager, she is overtime exempt. But employers who do so without taking steps to ensure that they are compliant with all the overtime exemption requirements run the risk of incurring significant liability. Employers must ensure that they comply with federal (and state) requirements regarding overtime exemptions to ensure that their employees are properly classified as overtime exempt. This topic will address the basics regarding the duties requirements for federal white-collar exemptions, in addition to salary basis and salary threshold requirements.

Authors

Brian M. Hentosz, Littler Mendelson P.C. Paul R. Piccigallo, Littler Mendelson P.C.

Agenda

Overview of Exemptions

• The EAP or White-Collar Exemptions

• Computer Professional Exemption

• Other Federal Exemptions (e.g., Motor Carrier, Railway Labor Act, etc.)

Basic Tests for Exemptions - Salary Test

• Salary Threshold Test (Minimum Salary Level), Including 2019 Proposed Changes

• Salary Basis Test and Permitted Salary Deductions

• Effects of Improper Deductions and Safe Harbor Provision

Basic Tests for Exemptions - Duties Test

• Executive Duties

• Administrative Duties

• Learned and Creative Professional Duties

• Computer Exemption Duties

Other Federal Exemptions - Sales Exemptions

• Outside Sales Exemption

• Commission Sales Exemption

State Laws

• Different Minimum Salaries

• No Highly Compensated Test, Separate Computer Exemption

• States With Duties Test Differences and Some Key Duties Differences