Fair Labor Standard Act – Are Your Workers Classified Correctly?



Employers should consider taking proactive steps to make sure your workers are classified correctly to reduce the risk of fines, penalties, and/or imprisonment.

Fair Labor Standards Act (FLSA) cases have hit a new record high and continue to rise. A record breaking 8,126 FLSA suits were filed in Federal courts in the last year. All in all there has been an increase of over 400% since the year 2000.

The Fair Labor Standards Act (FLSA) requires employers to pay all employees at least a minimum wage and provide overtime pay for all hours worked in excess of 40 in a workweek. However, the FLSA permits employers to treat employees in certain positions that meet specific requirements as exempt from overtime coverage under the law. In general, the FLSA’s exemptions apply to executives, administrators, professionals, and computer technicians.

In March 2014, President Obama signed a presidential memorandum authorizing the Labor Department to examine changes that would expand the number of employees eligible for overtime pay. Why? Businesses are classifying all kinds of employees as professional or administrative – including some who make as little as $23,660 a year – thereby exempting them from overtime requirements under current law.

Penalties for non-compliance with FLSA’s exemption provisions can include:

Payment of back wages
Fines of $10,000

This should serve as a wake-up call to employers to make sure they are compliant with the FLSA la

Areas to be Covered:

Overview of the Fair Labor Standards Act
Exempt vs. non-exempt criteria
How to appropriately deduct pay from an exempt employee for suspensions, furloughs, etc.
What to expect and how to prepare for an FLSA inspections
Misclassifying workers as independent contractors
Penalties for non-compliance

Who will Benefit:

Business Owners
HR Representatives
HR Generalists
HR Assistants

Vanessa G. Nelson

Vanessa G. Nelson, MSA, SPHR, CLRL is founder and President of award-winning Expert Human Resources, which she founded to help companies maintain employment law compliance, avoid workplace litigation, reduce costs, and increase revenue.

Vanessa established Expert Human Resources in 2009, after observing companies’ frustrations with complying with constantly changing employment laws as well as continually dealing with workplace litigations and fines. Vanessa realized that a lot of the litigious situations that businesses encountered could be avoided by their being proactive and implementing updated polices and applying them correctly. Vanessa also recognized that many companies could not afford a full-time HR person, or department, to assist in maintaining compliance with employment laws, as well as applying policies and practices correctly; therefore she established a “portable HR” to accommodate those businesses.

Vanessa is a results-oriented HR Consultant with a unique background in business management, spanning over 29 years at two major medical centers in Michigan. Her expertise includes: HR audits, labor relations, employment laws, employee relations, workplace investigations, and policies and procedures. Additionally, Ms. Nelson has worked with companies to implement processes to improve conflict management and employee relations and conducted harassment training to improve company efficiencies. She has helped companies save hundreds of thousands of dollars.

Ms. Nelson received her Master of Science in Administration/Human Resources Management from Central Michigan University, and a Bachelor in Business Management from Northwood University. She holds the Certified Senior Professional in Human Resources (SPHR) credential from Human Resources Certification Institute, Certified Labor Relations Leader (CLRL) from Michigan State University, and is Six Sigma White Belt certified.


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