FLSA Rules on Compensable Time and Overtime: The Regular Rate of Pay

This webinar will discuss how to tackle the latest compliance challenges stemming from not paying properly for compensable time, miscalculations of overtime pay, and other missteps. We will focus on the DOL’s final rule providing clarification on how to determine employees’ regular rate of pay and what forms of payment employers can include and exclude in the overtime pay calculation.

Under both the Fair Labor Standards Act (FLSA), and the California Labor Code the regular rate of pay is the rate an employer must use to pay overtime premiums to employees who work overtime hours. The regular rate of pay can change from workweek to workweek because it must reflect the per-hour value of all compensation the employee has earned.

WHY SHOULD YOU ATTEND?

Although the Fair Labor Standards Act has been around a long time, it is one of the most frequently violated employment law – particularly determining what is compensable time, and how to calculate overtime correctly.

Employers fail to recognize what hours must be compensated and how the working hours should be compensated. Improper calculations can lead to employees being underpaid or even being paid too much, which can lead to legal liability exposure.

AREA COVERED

Topic covered in the session include:

• What time is “working time” and, therefore, must be used in an overtime calculation;
• How commissions factor into overtime payments;
• The rules that apply to fire protections and law enforcement personnel;
• What to include when determining total compensation;
• Legal methods of calculating the hourly rate;
• Various legal methods of paying overtime that can save your company money;
• Recordkeeping requirements;
• How to “fix” your errors when you discover they have been made; and
• How California rules for “rate of pay calculation” differ from the FLSA

LEARNING OBJECTIVES

Participants will have the opportunity to learn:

• FLSA regulations on what is, and what is not, compensable time
• Recent updates to the FLSA’s “Regular Rate of Pay”
• How to properly calculate overtime pay for non-exempt employees
• The recent changes to the FLSA’s salary basis and salary level tests for exempt employees

WHO WILL BENEFIT?

• HR professionals
• Payroll professionals
• Managers, Supervisors

SPEAKER PROFILE

Steven G. Meilleur, Ph.D., SPHR – is President, CEO – PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, employee relations, leadership, training & organizational development, organizational research and assessment, strategic & operational 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.

A member of the faculty of the UNM School of Public Administration in the graduate program, Dr. Meilleur teaches in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development.  He has spoken at numerous conferences and workshops across the country, and is a published author in the areas of human resources, marketing, leadership and management development, organizational change and innovation, non-profit organization management, and board development.

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