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New Fair Labor Standards Act Exemption Regulations (29 C.F.R. Part 541)



Content Partner:  Celesq AttorneysEd Center
Price: $80.00*
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Description: 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 The rules, with their outdated language and confusing tests of employee eligibility, fostered both employee confusion and placed employers at risk of claims for back pay.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.



Practice Areas: Business Organizations & Contracts, Corporate & Securities, Corporate Governance, Employee Benefits & Compensation, Employment Law, Labor Law, Pension & Retirement Benefits
Online Media Type: Audio
Production Date: 05/12/2004 12:30 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

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Speakers:
Daniel B. Abrahams - Epstein Becker and Green, P.C.
Shlomo D. Katz - Epstein Becker and Green, P.C.
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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