Exempt or Non-Exempt? Proper Worker Classification Under the New FLSA Regulations
Steven G. Meilleur, Ph.D., SPHR – is President, CEO – PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, leadership, training & organizational development, organizational research and assessment, strategic planning, and non-profit organization management and governance. Dr. Meilleur has more than 40 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors.
Dr. Meilleur also serves as Senior Vice-President and Risk Services Consultant for Human Resources and Employment with Poms & Associates, a national risk services and insurance brokerage firm. His previous work experience includes public, private, and nonprofit organizations, in executive and management capacities.
He is also on the faculty of the UNM School of Public Administration in the graduate program, teaching in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development.
Dr. Meilleur received a BA in English Literature and Education from Bucknell University, an Executive MBA from the University of New Mexico’s Anderson Graduate School of Management, and his Ph.D. in Leadership and Organizational Learning from UNM. He received his certification as a Senior Professional in Human Resources (SPHR) from the Society for Human Resource Management in 1995.
This webinar has been approved for 1.50 HR (General) recertification
credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™,
and SPHRi™ recertification through HR Certification Institute® (HRCI®).
Please make note of the activity ID number on your recertification
application form. For more information about certification or
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It is anticipated that the new rule will become effective in 2024, so employers need to be prepared for these changes. The proposed rule makes significant changes in which of your employees will now qualify to be “exempt” and therefore not be entitled to overtime. Employees who were previously classified as exempt will now need to be reclassified to non-exempt employees and will then be entitled to overtime. Employers need to be prepared so you will be able to properly classify employees as exempt or nonexempt, under the new FLSA overtime Rule.
Employers must ensure that their employees are not improperly classified as exempt when they are really nonexempt. In the event of an employee lawsuit or an audit by the DOL, employers will be required to substantiate their reasons for classifying a particular employee or employee as exempt. In addition to enforcement action by federal and state departments of labor, improper classifications have resulted in many collective action lawsuits by groups of employees, many of which have resulted in multimillion-dollar settlements.
This webinar will also go through in-depth the proper way to classify your employees as exempt vs. non-exempt based on the current FLSA regulations. We will show you to ensure compliance with current FLSA overtime rules, including the current and new FLSA regulations, and explain the changes that employers need to understand and comply with.
We will also review state laws that go beyond the FLSA exemption tests, so you can properly classify your employees working in those states.
Areas Covered
- The DOL’s 2023 proposed overtime regulations and changes in exemption criteria
- Methods for properly classifying your employees based on the Rule revisions
- Understand how to properly classify employees based on the overtime rule revisions to the FLSA
- The three DOL Tests of Exempt Status that must be met: the Duties, Salary Basis, and Salary Level Tests
- How the Salary level test has been raised under the proposed 2023 FLSA Final Rule
- Understanding the “duties tests” and how to meet FLSA requirements for the Executive Exemption, the Administrative Exemption, the Professional Exemption, Computer Professional Exemption, and Outside Sales Employee exemptions.
- How to identify and change a job’s classification based on these new rules?
- Problematic pay practices that may put an employee’s exempt status at risk
- The Importance of a Compliance Review.
- How do California and other states’ rules differ from the FLSA?
Course Level - Intermediate - Advanced
Who Should Attend
HR professionals, Payroll professionals, Managers, Supervisors, Business owners, Team leaders.
Why Should You Attend
Deciding between exempt and nonexempt: Classify employees incorrectly and it will cost you big-time it may even land you in court!
If you’re confused about which employees are exempt and which are nonexempt, you’re not alone. Many companies are making costly classification mistakes and are paying a hefty price in back pay and lawsuits. As an HR professional, you’re probably well aware of the burden of making sure your employee classifications are accurate.
Topic Background
On August 30, 2023, the Department of Labor (DOL) proposed to significantly increase the minimum salary level to qualify for the "white collar" overtime exemptions under the Fair Labor Standards Act (FLSA). Understanding these new proposed regulations is critical for employers, as it will likely require them to make changes to remain compliant.
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$200.00
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