FLSA Compliance Toolkit
One of the most complicated aspects of employee compliance is navigating through the complicated and changing regulations under the Fair Labor Standards Act (FLSA). Since 2006, wage and hour lawsuits brought under the Fair Labor Standards Act have more than doubled, and over the last several years particularly, wage and hour claims have been the source of more new litigation than any other employment compliance area. The U. S. Department of Labor has also increased its audit of employers and routinely challenges the status of exempt employees and independent contractor relationships.
An example of the dynamic nature of this area of the law is the U.S. Department of Labor’s final regulations on the salary level for certain white collar exempt workers. The regulations would have increased the salary level from its current $455 to $913 a week. The final regulations were scheduled to go into effect on December 1, 2016. On November 22, 2016, a Texas Federal court temporarily enjoined the new regulations nationwide. Our HR/Advantage users and clients were informed of the change the same day. The DOL appealed the Texas court's ruling but moved to stay the proceedings to allow the DOL pending new regulations. While it is unclear whether the new Administration will propose revised regulations, HR/Advantage will keep you apprised of any new developments in this area.
Through HR Advantage, Clark Hill equips employers with up to date insight and knowledge on how to manage these ever-changing regulations, and minimize the risk of future wage and hour litigation. We can provide a suite of services that will meet the needs of HR professionals, whether that is providing training and education for your team or direct assessments of your company’s areas of risk.
Evaluating your current workforce and how the changing regulations will impact the way your employees are compensated can be a daunting task. In addition, HR leaders often cannot simply rely on job descriptions as an indicator of the actual tasks being performed by individual employees when considering how their classification may change under the new FLSA regulations.
Clark Hill attorneys will perform the following actions to help mitigate the risk of FLSA litigation for any employer:
- Review all job descriptions
- Review independent contractor arrangements and agreements
- Interview supervisors and select employees to validate job descriptions to actual working tasks
- Identify the potential risks of the current job designations
- Recommend changes to the job descriptions and/or employee classification to ensure compliance with FLSA
- Advise through the change management process of re-classifying employees
- Review relationships and contracts with employee leasing companies and professional employment organizations to limit joint employer issues
- Working with the company to understand the scope and specific requirements in each case, Clark Hill is prepared to offer these services at a predictable fee.
We know that having a comprehensive law firm review of the company’s workforce is not possible for some employers. In these situations, the role of evaluating the risk of employee job classification will mostly fall on Human Resource professionals. Clark Hill has designed a workshop across our geographic footprint to allow HR professionals to undergo a deep dive into the complex areas of FLSA, and navigate through the recent changes that are impacting so many employers.
In this course, your company representative will get a comprehensive overview of the laws and regulations, along with the benefit of networking with other professionals to collaborate on their company’s approach to this topic.
These courses hosted at Clark Hill offices will cover the following subjects:
- Overview of White Collar Exemptions
- Salary Basis Test
- Executive Exemption
- Administrative Exemption
- Professional Exemption
- Computer Exemption
- Outside Sales Exemption
- Independent Contractors
- Joint Employment
We cannot provide specific legal advice during these courses, but we can equip you with the knowledge and resource materials that will help your HR team better evaluate your company’s risk.
Clark Hill attorneys can provide training onsite at your company's location in an interactive environment to address specific Wage & Hour questions. The scope of these sessions can vary between a comprehensive overview of the regulations, or can be more focused on the critical “gray” areas of the FLSA that HR professionals need to understand as they evaluate the company’s job classifications. In addition, this offering provides the opportunity to ask an experienced Labor & Employment attorney about your company’s approach and areas of concern.
We call it a “Brown Bag Lunch” offering because it is designed to be conducted in a collaborative manner over a typical lunch period, but the courses can be tailored to meet your company’s needs. If you have multiple sites, we can provide this training via Webinars to allow a multi-location interactive learning opportunity for your HR team.
As Labor & Employment attorneys at Clark Hill, we value the opportunity to guide employers in mitigating the risk of FLSA compliance. This is a complex area of the law that can baffle even the most experienced HR Professionals.
We routinely provide advice and counseling regarding FLSA matters. At Clark Hill, we want to find the right level of service that will meet your company’s needs. This includes the traditional hourly model for help when you need it, or an agreed-upon set price for ongoing counseling with agreed-upon parameters that alleviate the concern of picking up the phone and asking for counsel.
The Department of Labor has given no indication that its level of enforcement regarding the proper classification of employees will slow down. And there is little doubt the volume of FLSA litigation will continue to increase. We want to help your company avoid costly litigation and not fear a Department of Labor audit with the proper planning and preparation.