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The Administrative Exemption in California: How to Avoid Overtime Classification Mistakes

Employer Resource Institute Audio Conference

Originally presented on January 15, 2008

Order Option       Price  
CD Recording Only       $199      

As an additional benefit, you will receive a no-risk trial subscription to California Wage & Hour Advisor when you register for this audio conference (or purchase a CD recording). You will receive 3 evaluation issues. If you want to continue to receive the newsletter, simply pay the invoice you will receive in the mail. If you decide the newsletter isn't for you, just write cancel on the invoice and return it. You will owe nothing, and all issues you receive are yours to keep. As with all ERI products, your satisfaction is guaranteed 100%. (Offer good for new subscribers only.)


You've got a great assistant who sometimes seems to know more about running your business than you do. You've decided to put your assistant on salary, and you change the job title to administrative assistant. Do you still have to pay overtime?

Of the four overtime exemptions—managerial, administrative, professional, and outside sales—the administrative exemption is probably the least clear-cut and the most difficult to qualify for. It's also the exemption that causes employers the most trouble.

Determining whether employees meet the administrative exemption is a very tricky business. The guidelines for overtime exemptions under the federal Fair Labor Standards Act dramatically in 2004, but California has its own overtime exemption rules—which generally provide even greater protections to workers. Even an honest mistake 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 Jan. 15 for an in-depth, practical 90-minute audio conference all about the administrative exemption. Our expert—an experienced California employment law attorney—will explain the rules governing this exemption for California employers, including those relating to what "discretion and independent judgment" really means. She'll also share practical techniques for classifying administrative 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 administrative employees for overtime purposes--and how you can avoid repeating them
  • What "discretion and independent judgment" really means, in plain English, and why it's different than the typical administrative employee's basic job skills
  • How to review your administrative job classifications and descriptions in search of any red flags that could mean classification problems
  • The recordkeeping techniques you can use to defend your overtime exemptions for administrative employees
  • The safest ways to fix overtime exemption errors--without triggering DLSE audits and employee claims
  • Why--and how--you should regularly audit your administrative exempt classifications

ABOUT YOUR SPEAKER:

Michelle La Mar, Esq., is a partner in the Los Angeles office of law firm Loeb & Loeb. She co-chairs the firm's employment and labor law group. Her practice comprises both counseling and litigation representing employers, with an emphasis on preventive measures. She routinely advises California-based employers in conjunction with wage and hour issues, downsizings, terminations, harassment investigations, mandated leaves of absence, disability accommodation requirements and employment-related issues associated with mergers and acquisitions. La Mar's practice also includes the drafting and updating of handbooks, policy manuals, codes of conduct, executive employment agreements, and severance packages. She earned her law degree from Loyola Law School.


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.