The Risk of Employee Misclassifications: FLSA Compliance Tips

Why Should You Attend:

The Department of Labor (DOL) recently announced its “Misclassification Initiative,” which targets employers by auditing employee classifications, including exempt, non-exempt and independent contractor status. DOL has added 100 new auditors to exclusively focus on investigating misclassifications.

The misclassification of employees poses a challenge for affected employees, employers, and to the entire economy. Misclassified employees do not receive critical benefits and protections, including FMLA, overtime, minimum wage and unemployment insurance. Employee misclassification also generates substantial losses to the Treasury and the Social Security and Medicare funds, as well as to state unemployment insurance and workers compensation funds.

This webinar will include clear definitions of all employee classifications. It will emphasize the importance of determining these classifications based on job responsibilities and duties. It will also include a sample policy for the employee handbook to describe the classifications. At the end of this session, the speaker will handle your specific questions and address any challenges you have had in understanding employee policies and handbooks.

Areas Covered in the Webinar:

• The definition of employee classifications:
• Full-time; part-time
• Temporary
• Seasonal
• Exempt; non-exempt
• Salaried; hourly
• Contract
• Independent contractor
• The risks of improper classifications
• The relationship of employee classifications and job duties
• Sample policy for handbook
• The benefits of using each classification
• Key factors the DOL and IRS consider in making proper classification decisions
• Relevant court cases

Who Will Benefit:

• Human Resources Managers and Staff
• Business Owners
• Human Resources Consultants

Instructor Profile:

Gayla Sherry, is President of Gayla R. Sherry Associates, Inc., an Oklahoma-based consulting firm established in 1995; the firm’s mission is to improve employee morale, retention, engagement and productivity by providing human resources consulting. The firm has conducted many engagements with a wide range of clients, including financial services, health care, government, higher education, public, private and nonprofit organizations. Projects include HR Audits, developing policies, procedures, handbooks, job descriptions, Affirmative Action plans, management training, employee relations, mediating conflict and conducting internal investigations.

Gayla is a well-respected human resources professional, accomplished speaker and facilitator, faculty member and published author. She brings a broad range of business experience in senior management positions in human resources, operations, marketing and customer service. Her business background includes senior management positions in commercial banking and the Federal Reserve System.

She offers a highly-credentialed background as a Senior Professional in Human Resources, a Certified Management Consultant, an EEOC-trained Internal Investigator and Certified Mediator. She is a member of the Society of Human Resources Management and The Institute of Management Consulting. She is the author of numerous professional articles and books, including: “Employee Retention: Reducing the Risk and Cost of Employee Turnover,” and posts an HR or management tip on YouTube, “Tuesday Tip.”

Gayla’s education includes Bachelor’s and Master’s degrees in Business Administration from the University of Central Oklahoma; she is an honors graduate of the University of Colorado, Boulder.

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