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The US Department of Labor has changed the salary level that an employee must earn in order to be considered exempt from being paid overtime. Although this was effective on January 1, 2020, if companies have not made this change they are accruing potential penalties until such time as the change is made and employees are correctly classified. If an employee is not eligible to be considered exempt then every time they work over 40 hours in a week the payroll is increasing. However, claiming an employee is exempt just because you pay them a salary is not the solution. You must also make sure they pass the “duties” test. You must also be certain you are not making improper deductions, which could ruin your exemption, for that employee and all others in similar jobs.
The Department of Labor changed the requirements for exempting someone from receiving overtime effective January 1, 2020. If you have not made these corrections NOW is the time to do so.
The key audience includes everyone who is responsible for ensuring compliance with the Fair Labor Standards Act. This includes
Violations of the allowed overtime exemptions can create a hefty financial burden if not corrected. Backpay and due overtime payments, and potential penalties can cost a company considerable money. Save yourself this pain and suffering by making sure you exempt employees are truly exempt.
ComplianceIQ is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for [1] PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org