The DOL is increasing the Overtime Threshold Again in 2023. How Will this Impact Employers and Employees?
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Date
Jan 27, 2023 -
Time
13:00 PM EST -
Duration
90 Min
Overview:
The DOL is expected to
increase the salary threshold for various overtime exemptions under the Fair
Labor Standards Act. The proposed
changes will impact Employers and employees. The DOL plans to make the changes
effective in 2023. Employers should prepare now to review their workforce for
exempt/non-exempt status to ensure they are compliant with the new overtime
rule before the effective date is launched.
It’s important to
correctly classify employees under the FLSA guidelines. Whether an employee
will be hourly or salaried is not left entirely to an employer’s discretion,
and the distinction is not as simple as “blue-collar” or “white-collar.”
Misclassification is
one of the most common compliance mistakes. It can be costly on its own, but it
also has implications that can lead to further noncompliance issues regarding
attendance, timesheets, payroll, and benefits.
The Department of
Labor (DOL)
The overtime threshold
is a salary level used to determine which employees are eligible to receive
overtime pay when they work over 40 hours in a single workweek. The federal
rules governing overtime pay were established by the Fair Labor Standards Act
(FLSA), which also described which workers are exempt from these rules and
which are not.
For non-exempt
employees under FLSA, the overtime rate is at least one-and-a-half times the
regular rate of pay for any hours worked above 40 in a given workweek. FLSA
defines a workweek as a consecutive seven-day period of time. Employers can
choose to pay a higher overtime rate if they wish, but they must meet the
minimum federal standard.
Exempt employees, on
the other hand, do not qualify to receive overtime pay. The overtime threshold
and certain job duties—not job titles—classify individuals for exempt status.
These roles are typically based on a yearly salary whereas nonexempt workers
are usually hourly.
Session Highlight:
· What is the reason
that the Department of Labor (DOL) proposing this new overtime rule?
· Learn why the proposed increase will shift employee’s classification
· Learn how the proposed rule will impact Employer’s budget
· Learn how the 2020 overtime rule left Employers unprepared
· Learn what resources and guidance will be offered to Employers to mitigate the changes
· Learn how the Duties Test identifies the classification of exempt and non-exempt employees
· Learn how Employers need to determine proper classification of employees or risk fines and penalties
· Learn why the Fair Labor Standards Act provides Employers with the necessary resources to manage this process
· There are several components to the proposed rule which includes a proposal which was scheduled for April 2022, public comments period and the publishing of the rule with expected dates for implementation
· Learn how training manager, supervisors and other professionals on the proposed changes will help your risk management strategy
· Learn how to prepare for the proposed rule and be confident with compliance efforts
Why Should You Attend:
The Previous overtime
rule, impacted Employers and employees in a way that affective morale, changed
exempt employees to non-exempt employees, impacted salary calculations, changed
employee classification, and made the change an administrative nightmare.
Job descriptions were
challenged, employee positions based on responsibilities impact the change not
titles.
Now may be a good time
for employers to consider whether the new rules provide a good opportunity to
audit “close call” jobs in their exempt workforce to ensure they remain
properly classified (and, if need be, to sync any necessary changes with the
implementation of a new rule).
Benefits For Attending:
This training will provide you overall information regarding DOL new overtime rule for 2023 and how it will impact the employers. In addition, each training I offer free customized compliance tools for all attendees. Also get:
· SHRM Recertification
& HRCI PDU Credits
· Free customized compliance tools in the form of guides, templates, policies, toolkits
· Additional Supplemental Slides
· Free answer to all questions even after the training ends
Who Should Attend:
· All Employers
· Business Owners
· Company Leadership
· Compliance Professionals
· HR Professionals
· Payroll Professionals
· Office Managers
· Legal Counsel
· Managers/Supervisors
· Employers in all industries
Ask your question
directly from our expert during the Q&A session following the live event.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and international compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
1.5 SHRM-CP & 1.5 HRCI Credits