Date: 10/27/2021
Time: 1 pm eastern
Run Time: 90 minutes including Q & A session
Leader: Bob Gregg, Attorney at Law, Boardman & Clark
Credits: Awarded 1.5 credit hours by HRCI and 1.5 PDCs by SHRM
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, managers and supervisors, CEOs, business owners, in-house counsel, etc.


The Department of Labor has increased audits of salaried positions and has found many do not satisfy the duties standards.  This was true before the pandemic and with so many employees working remotely exacerbated because of the pandemic. Employers are concerned about properly assuring their jobs qualify as exempt. HOWEVER, that is just the starting point. The major liability comes after having properly established a position as salaried and then losing the exemption due to careless practices or unwitting treatment of those positions.  Improper deductions, salary alterations, time off, discipline and more can result in loss of an employee’s salaried exemption, or for all of your salaried positions, and cause millions in penalties for the employer. The Fair Labor Standards Act can impose that liability not just on the organization, but, also, personally against the assets of supervisors, HR managers, CFOs, CEOs, and board members.

Please join Bob Gregg, attorney at law, as he discusses the rules for classifying an employee as exempt and the importance of adhering to the standards for preserving and protecting the salary status once a position has been properly established. He’ll explain why focusing on only the new salary requirements is a mistake possibly causing significant penalties for the employer and loss of the salary exemption and even penalties for certain individuals including HR managers.


During this informative program Mr. Gregg will be discussing:

  • The salaried basis test for classifying employees as exempt and the standards for maintaining that exemption
  • Who potentially qualifies as exempt
  • Personal liability for HR managers under the FLSA for misclassifying a position as exempt or failing to satisfy the duties standard
  • Protecting the exemptions by avoiding improper processes, danger areas and land mines
  • Improper deductions including for absence, discipline, illness, performance, military leave, etc.
  • Situations in which the employer is permitted to dock salary for absence
  • Avoiding land mines – FMLA, work from home. No exceptions because of the pandemic
  • The “Safe Harbor” and other policies which can prevent organizational and personal liability


Bob Gregg, Boardman & Clark Law Firm in Madison, Wisconsin, has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in employment contracts, discrimination cases, FLSA, FMLA and all other areas of employment law. His main emphasis is helping employers achieve enhanced productivity, creating positive work environments and resolving employment problems before they generate lawsuits. Bob has conducted over 3,000 seminars throughout the United States and authored numerous articles on practical employment issues. Bob is a member of the Society for Human Resource Management and the National Speakers Association. He is also a National Faculty Member of the American Association for Access, Equity and Diversity and served on the Board of Directors for the Department of Defense Equal Opportunity Management Institute Foundation.