For more than 60 years, the Fair Labor Standards Act (FLSA) has set
the minimum wage and hour standards for the vast majority of
American workers. The number of workers exempt from these rules has
grown considerably in recent years, however. By 1998 an estimated
26 million workers fell under the so-called "white collar"
exemptions, almost 27 percent of the full-time workforce.
Despite these dramatic shifts in the American workplace, there
had been few changes in the regulations establishing these
exemptions since 1954. The rules, with their outdated language and
confusing tests of employee eligibility, fostered both employee
confusion and placed employers at risk of claims for back pay.
On April 20, 2004 the rules moved into the 21st Century. The
Department of Labor announced final regulations updating the FLSA
rules governing overtime eligibility for "white-collar" workers
under the Fair Labor Standards Act--the first substantial changes
in over 50 years. The new rules are scheduled to go into effect in
mid-August--giving employers 120 days to review their procedures
and implement necessary changes.
Impact of the proposed changes includes:
- Salary level for exemption increased to $455/week; 6.7 million
workers previously eligible for exemption now guaranteed overtime
protection
- "Long" and "short" duties tests abolished; replaced by
"standard" test
- Special Rule for "Highly Compensated Employees" earning
>$100,000/year
- Executive exemption is narrowed
- "Sole Charge" exemption is eliminated
- Application of Professional exemption to specific jobs is
clarified
- Outside salesperson exemption is broadened
- Deductions from salary permitted for workplace conduct
violations
Designed for in-house and outside employment attorneys, this
program will cover these and other changes to 29 C.F.R. Part 541.
Among the topics to be discussed are:
- FLSA basics
- Exemption basics
- The new rules applicable to the executive, administrative,
"learned" and "artistic" professional
- Outside sales
- "Highly compensated" employee exemptions
The presenters will also discuss implementation of the new
regulations.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
