Employers are facing increased lawsuits filed under the federal Fair Labor Standards Act ("FLSA") and state wage and hour laws alleging the misclassification of employees and other violations of wage and hour laws. Such lawsuits are expensive to defend as they are usually filed as representative actions on behalf of a class or collective of current and former employees and are not typically covered by insurance policies. Wage and hour lawsuits also present significant potential liabilities for employers who face individual liabilities, double damages, and fee shifting if they are found to have violated applicable wage and hour laws.This program will explain how employers can protect themselves from wage and hour liabilities. Topics will include the difference between employees and independent contractors, exemptions from overtime requirements, the calculation of overtime rates, the arbitrability of wage and hour disputes, and individual liability under the federal FLSA, the New Jersey Wage and Hour Law, and the New York Labor Law.
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