The US Department of Labor has changed the salary level that an employee must earn in order to be considered exempt from being paid overtime. Although this was effective on January 1, 2020, if companies have not made this change they are accruing potential penalties until such time as the change is made and employees are correctly classified. If an employee is not eligible to be considered exempt then every time they work over 40 hours in a week the payroll is increasing. However, claiming an employee is exempt just because you pay them a salary is not the solution. You must also make sure they pass the “duties” test. You must also be certain you are not making improper deductions, which could ruin your exemption, for that employee and all others in similar jobs.
The Department of Labor changed the requirements for exempting someone from receiving overtime effective January 1, 2020. If you have not made these corrections NOW is the time to do so.
WHY SHOULD YOU ATTEND?
Violations of the allowed overtime exemptions can create a hefty financial burden if not corrected. Backpay and due overtime payments, and potential penalties can cost a company considerable money. Save yourself this pain and suffering by making sure you exempt employees are truly exempt.
The new salary level
Requirements of the new salary rule
The duties test
How to determine which employees can be exempt
WHO WILL BENEFIT?
The key audience includes everyone who is responsible for ensuring compliance with the Fair Labor Standards Act. This includes
Vice Presidents of HR
Human Resource Managers
Michael D Haberman
Michael D. Haberman is a consultant, speaker, writer and teacher. He is President of Omega HR Consulting, a consulting and services company offering complete human resources solutions. Mike brings 35+ years of experience in dealing with the challenges of Human Resources in the 21st century. He has a Master's in HR and is certified as a Senior HR professional.
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