The New Wage & Hour Compliance Requirements: Is Your Law Firm Well Positioned?
• In the latter part of 2016, the United States Department of Labor (“DOL”) was poised to expand worker coverage under the Federal Fair Labor Standards Act (“FLSA”); extending overtime protection to almost five million white-collar workers by significantly increasing the minimum salary for exempt status employees and bringing misclassified independent contractors under the umbrella of the FLSA. However, with about only a week to go before the implementation of new Regulations scheduled to take effect on December 1, 2016, increasing the minimum salary for those exempt status employees, a federal judge in the Federal District Court for the Eastern District of Texas entered an order enjoining the Department of Labor from implementing the new Regulations on a nationwide basis. (The injunction did not affect DOL’s earlier directives on its scrutiny of potentially misclassified independent contractors.) In this webinar, you will learn about the most recent significant changes in federal wage and hour laws, including independent contractor misclassification issues and joint-employment liability, as well as suggested best practices by our presenters to make sure your work force is in compliance with the applicable wage and hour laws.
- An update on the status of the nationwide injunction of the DOL regulations governing exempt classifications and discussions of some analogous state laws and regulations which have filled the gap left by the absence of the federal DOL Regulations.
- Acquainting the Legal Administrator with the regulator’s most recent interpretations of when a worker will be deemed an employee rather than an independent contractor, and the ramifications for your Law Firm to the extent that workers should be misclassified;
- A review of the circumstances under which your Law Firm may be found to be a joint employer of workers you never contemplated would be considered your employees, and your potential legal responsibility to and for those workers; and
- Best practices for avoiding misclassification of workers, and taking affirmative steps to reclassify when warranted to ensure compliance.
Dean L. Silverberg is a Member of Epstein, Becker and Green, P.C. in the firm's New York labor and employment practice. He co-authored the Employer's Guide to Military Leave Compliance and frequently writes and lectures on a range of employment law topics. He has been a frequent speaker at ALA programs and was a speaker at the 2015 ALA Annual Conference in Nashville, TN. As Head of the firm's China Initiative, he also works closely with Chinese businesses in the U.S. in various industry sectors to ensure compliance with applicable laws and regulatory requirements. Prior to joining the firm, Silverberg was Deputy Counsel to Mayor Edward I. Koch of New York City.
Jeffrey H. Ruzal is a Member in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. He is a member of the firm's Wage and Hour group and leads the firm’s Hospitality service team. Ruzal represents clients in such diverse industries as hospitality, financial services, retail, health care, and technology. Ruzal has written numerous articles on significant wage and hour issues that have been included in, among other publications, Law360, Hospitality Law Magazine, and Luxury Hoteliers Magazine. He has also been interviewed and quoted by NPR News, Law360, SHRM.org, Club Industry, and Private
This Program is worth one hour of credit in:
CLM Application Management Category - Functional Specialist: Human Resource Management
CLM Recertification Credit: 1 hour in the subject area of Human Resources Management