Date 10/27/2020
Time: 1 pm eastern
Run Time: 90 minutes including Q & A session
Leaders: Caroline Brown and JonVieve Hill, Attorneys at Law, Fisher Phillips
Credits: Awarded 1.5 credit hours by HRCI
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, CEOs, in-house counsel, etc.

PROGRAM DESCRIPTION

Many employers have restructured their businesses in response to the pandemic and, in some cases, the changes might be here to stay. But with change comes the need to adapt in unanticipated ways.

The FLSA’s exempt and non-exempt classifications have specific requirements. Most are based on an employee’s job duties, some primarily on pay, and the most common exemptions are a combination of these factors. As employers make business changes, including restructuring departments and pay plans, an employee’s job classification might call for analysis, particularly if the changes are here to stay.

Please join Fisher Phillips attorneys, Caroline Brown and JonVieve Hill as they discuss whether, when, and how to change an employee’s exemption status.

PROGRAM HIGHLIGHTS

During this important webinar Ms. Brown and Ms. Hill will discuss:

• Common factual scenarios occurring during the pandemic and how these affect the exempt classification‒work from home, reductions in salary, restoration of salary, fewer hours worked, temporarily performing non-exempt job duties, etc.
• Exemption statuses most likely impacted if these factual scenarios continue‒the executive exemption often used for managers and others, such as the commissioned-employee sales exemption
• Steps for assessing whether to make a status change‒evaluating the risk of a violation, what it costs to buttress the exempt classification, what it costs to achieve compliance if reclassifying as non-exempt
• Factors to consider when determining when and how to change an employee from exempt to non-exempt or, in some circumstances, from non-exempt to exempt‒including picking the right “date” to make the change to avoid other violations or extremely complicated payrolls
• DOL position on changing job responsibilities during the pandemic emergency
• Adhering to state and local requirements

PROGRAM LEADERS

Caroline Brown is of counsel in the Atlanta office of Fisher Phillips and a core member of the firm’s Wage and Hour Practice Group. A significant portion of her practice focuses on wage and hour law, including minimum wage, overtime, timekeeping, and exemptions under federal law. Ms. Brown is also a member of the Fisher Phillips COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on the many workplace law aspects of the global coronavirus pandemic. In addition, Caroline is a frequent writer on a wide range of wage and hour topics and is the editor of the Fisher Phillips Wage & Hour Law Blog.

Caroline’s practice focuses on advising clients nationwide on preventive issues, representing employers in government investigations, and conducting compliance audits with respect to wage practices. She assists employers to ensure compliance with state wage-hour and wage-payment laws, including designing compensation plans, paid leave policies, and payroll procedures. Her advice is customized based on each client’s size, industry, and objectives. Lastly, Ms. Brown earned her J.D. degree from Nova Southeastern University Shepard Broad Law Center.

JonVieve Hill is an associate in the Atlanta office of Fisher Phillips. She helps companies navigate the details and legalities of union grievances and arbitrations, as well as wage-hour collective actions. She is a member of the Fisher Phillips SBA Loan Team, dedicated to advising employers on the inner workings of the complex CARES Act loan process during the COVID-19 pandemic.

Prior to joining Fisher Phillips, JonVieve practiced with the law firm of Martenson, Hasbrouck & Simon LLP where she focused her practice on labor and employment defense and business litigation. While attending law school, JonVieve joined the Military Spouse JD Network, a group dedicated to reducing licensing and employment barriers for military spouse attorneys. She earned her J.D. degree from the University of Louisville, Louis D. Brandeis School of Law.