Exempt vs. Non-Exempt: The High-Cost Risk of Misclassification
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Webinar Overview
Overview:
One Wrong Decision Could Cost Millions
In the eyes of the Department of Labor (DOL), ignorance is not a defense. Misclassifying just one employee can trigger a domino effect of unpaid overtime, liquidated damages, and aggressive federal audits. While the Fair Labor Standards Act (FLSA) provides dozens of exemptions, the lines between "Executive," "Administrative," and "Professional" have never been blurrier. With the DOL’s continued focus on overtime rules, yesterday’s "compliant" workforce could be today’s massive legal liability.
Can your organization afford to be the next cautionary tale? Join this high-impact webinar to learn how to bulletproof your classifications before a lawsuit or audit forces your hand.
Why You Must Attend
The math of misclassification is brutal. If an employer is found to owe even one penny in back wages, they are often on the hook for:
- Double Damages (or more): Liquidated damages under federal law typically equal 100% of the unpaid wages, and may be even more under state laws.
- Legal Fees: You pay your lawyers—and potentially the employee’s lawyers, too.
- Multi-Year Lookbacks: Federal penalties can stretch back 3 years for "willful" violations (and longer under state laws).
Ultimately, an employer’s life is easier when they classify correctly from day one. This session moves beyond theory to provide the high-stakes fundamentals you need to protect your bottom line.
Critical Areas Covered
- The "Salary Basis" Trap: Why a high salary doesn’t automatically mean an employee is exempt.
- The Duties Test: Navigating the gray areas of Discretion, Supervision, and Authority.
- Title vs. Reality: Why "Manager" in a job title won’t save you in court.
- Audit-Ready Documentation: How to conduct job evaluations and interviews that stand up to scrutiny.
- Industry Deep Dives: Real-world case studies (Pharma, Auto, and Financial Services).
- The New Overtime Rules: Immediate updates you must implement to remain compliant.
Who Must Attend
This is essential training for any leader responsible for payroll, compliance, or organizational risk:
- Business Owners, CEOs, & CFOs (The final line of financial defense)
- HR Practitioners & Compensation Officers (The front-line architects of classification)
- Controllers & Payroll Administrators (Ensuring the numbers match the law)
- Senior Managers (Who must understand the "Duties Test" in daily practice)
Ask your question directly from our expert during the Q&A session following the live event.
Meet Your Instructor
Janette S. Levey, Esq
Employment Law & Workplace Compliance Expert
Janette S. Levey, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.
Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits.
Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, B-Tank, Staffing Industry Review, @Law, and Chief Legal Officer.
Janette is a member of the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence.
Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others.
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