The Executive Exemption: How to Avoid Overtime Classification Mistakes in California
Employer Resource Institute Audio Conference
Originally presented on July 12, 2007
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$199 |
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In many workplaces, it's easy to spot the "executives." They make the decisions, supervise other workers, and generally run the organization.
What's surprisingly difficult for many HR professionals is gauging whether these workers legally qualify as exempt from the federal overtime regulations. Executive-level titles and corner offices don't matter at all; what you need to look at are factors such as specific managerial duties and the ability to hire and fire other employees.
Determining whether employees meet the executive exemption is a very tricky business. The guidelines for overtime exemptions under the federal Fair Labor Standards Act (FLSA) changed dramatically in 2004, but California has its own overtime exemption rules - which generally provide even greater protections to workers. Getting it wrong can land you in a heap of expensive trouble, including paying out several years' worth of back pay, plus additional damages and attorney's fees.
Join us on July 12 for an in-depth, practical 90-minute audio conference all about the executive exemption. Our experts - two experienced California employment law attorneys - will explain the rules governing this exemption for California employers, including those relating to the management and direction of other employees. They'll also share practical techniques for classifying executive employees correctly, the best ways to avoid common overtime exemption mistakes, and advice on conducting effective internal audits to spot errors before they turn into big trouble.
YOU AND YOUR COLLEAGUES WILL LEARN:
- The most common mistakes California employers make when classifying executive employees—and how you can avoid repeating them
- How to correctly apply the salary level and duties tests to your executive workers
- Whether executive employees must have sole discretion to hire and fire workers in order to qualify for exempt status
- What it means for a worker to "exercise discretion and independent judgment"
- How to review your executive-level job classifications and descriptions for red flags that could mean classification errors
- The recordkeeping techniques you can use to defend your exemptions for executive employees
- The safest ways to fix executive exemption classification errors - without triggering DLSE audits and employee claims
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Workers can be classified as exempt from overtime if they fall under one of four exemptions. The executive exemption, covered in depth in this audio conference, is one of the four. Don't miss these upcoming audio conferences from ERI that will provide additional in-depth guidance on the other three exemptions:
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ABOUT YOUR SPEAKERS:
Laura Innes, Esq., is a partner with the law firm of Simpson, Garrity, & Innes in South San Francisco. She is engaged exclusively in the practice of labor and employment law. Her practice combines preventive counseling for clients with civil and administrative litigation defense. She routinely counsels and trains employers in general employment law, prevailing wage, affirmative action, and equal employment opportunity policies and programs.
Thomas N. Makris., SPHR, is counsel at the Sacramento office of law firm Pillsbury Winthrop Shaw Pittman. He has twenty years of experience in employment-related litigation, including wage and hour disputes. Makris also aids his clients in avoiding liability related to hiring decisions and employment contracts and compensation, to name a few.
Makris is a certified Senior Professional in Human Resources. He has spoken on a wide range of topics, including employment discrimination law, use and abuse of independent contractor relationships, wage and hour law, family and medical leave, the Americans with Disabilities Act, and current legislative and regulatory issues.
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hour toward PHR
and SPHR recertification through the Human Resource Certification Institute
(HRCI). For more information about certification or recertification, please
visit the HRCI homepage at www.hrci.org.
How Do Audio Conferences Work?
An audio conference is remarkably cost-effective and convenient. You
participate from your office using a regular telephone. You have no travel costs
and no out-of-office time.
Plus, for one low price you can get as many people in your office to
participate as you can fit around a speakerphone.
Because the conference is live, you can ask the speakers questions'either on
the phone or via e-mail.
With your registration, you also receive conference materials with additional
practical information from California Employer Advisor sent to you via e-mail
shortly before the conference.
Why You Can Sign Up To Attend This Event with Confidence
As with all California Employer Advisor products, you're completely
protected. If for any reason you are unsatisfied with this audio conference,
simply let us know and we will return your entire registration fee.
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