Changes in the composition of the workforce, the location where work is performed, how people work with technology, and how employers hire workers in the first instance are all factors that have scrambled the traditional categories of exempt versus nonexempt employees. It is no easy task for employers to determine who is entitled to overtime pay and who is not. Managerial, sales and administrative responsibilities often blur in an environment where the workplace is constantly changing to respond to changes in industry. Familiar patterns are gone and this creates a problem for employers. They risk substantial litigation and financial exposure if they do not properly classify workers. This program will provide you with a real-world guide to properly classifying workers in a shifting work environment and best practices for avoiding liability. Day 1: April 2, 2013: Overview of emerging principles for classifying workers as “non-exempt” or “non-exempt” for overtime purposes How the use of independent contractors impactsworker classifications Trends in hybrid federal/state investigations and litigation Meals and rest time when workers work from home or remotely Donning and doffing of special equipment or uniforms Measuring and treatment “off the clock” time Day 2: April 3, 2013: Treatment of sales “inside” and “outside” sales people Trends in the administrative exemption Technology and telecommuting – when does the work begin and where does end? Smartphones, tablets and the constant communication rule De minimis time exception and how it applies in practice Speaker: Allan Bloom is partner in the New York office of Paul Hastings, LLP, and co-chair of firm’s employment law practice in New York. He represents management in employment and labor law matters and has extensive experience in federal and state wage and hour matters, in both the litigation and compliance contexts. He is editor, Labor and Employment Law Journal, published by New York State Bar Association, and is a member of the Employment Committee of the International Institute for Conflict Prevention & Resolution. Mr. Bloom received B.A. from University of Pennsylvania and J.D. from Cornell Law School.
Changes in the composition of the workforce, the location where work is performed, how people work with technology, and how employers hire workers in the first instance are all factors that have scrambled the traditional categories of exempt versus nonexempt employees. It is no easy task for employers to determine who is entitled to overtime pay and who is not. Managerial, sales and administrative responsibilities often blur in an environment where the workplace is constantly changing to respond to changes in industry. Familiar patterns are gone and this creates a problem for employers. They risk substantial litigation and financial exposure if they do not properly classify workers. This program will provide you with a real-world guide to properly classifying workers in a shifting work environment and best practices for avoiding liability.
Day 1: April 2, 2013:
Day 2: April 3, 2013:
Speaker:
Allan Bloom is partner in the New York office of Paul Hastings, LLP, and co-chair of firm’s employment law practice in New York. He represents management in employment and labor law matters and has extensive experience in federal and state wage and hour matters, in both the litigation and compliance contexts. He is editor, Labor and Employment Law Journal, published by New York State Bar Association, and is a member of the Employment Committee of the International Institute for Conflict Prevention & Resolution. Mr. Bloom received B.A. from University of Pennsylvania and J.D. from Cornell Law School.