Of the four overtime exemptions - managerial, administrative, professional, and outside sales - the administrative exemption is probably the least clear-cut and the most difficult to qualify for. It’s also the exemption that causes employers the most trouble.

Determining whether employees meet the administrative exemption under the Fair Labor Standards Act (FLSA) is a very tricky business. The federal guidelines for overtime exemptions changed dramatically a few years ago, and many states now enforce their own separate definitions and rules. Even an honest mistake can land you in a heap of expensive trouble, including paying out several years’ worth of back pay, plus additional damages and attorney’s fees.

Order this in-depth, practical 90-minute audio conference recording all about the administrative exemption. Our expert speaker will explain the rules governing this exemption, including the most recent changes to the “regularly exercise discretion and independent judgment” test, as well as others. She’ll also share practical techniques for classifying administrative employees correctly, the best ways to avoid common overtime exemption mistakes, and advice on conducting effective internal audits to spot errors before they turn into big trouble.

You and your colleagues will learn:

• The most common mistakes employers make when classifying administrative employees for overtime purposes – and how you can avoid repeating them
• How to apply the salary level and standard duties tests to your administrative workers
• What “exercise of discretion and independent judgment” really means, in plain English, and why it’s different than the typical administrative employee’s basic job skills
• How to review your administrative job classifications and descriptions in search of any red flags that could mean classification problems
• The recordkeeping techniques you can use to defend your overtime exemptions for administrative employees
• The safest ways to fix overtime exemption errors - without triggering DOL audits and employee claims
• Why – and how – you should regularly audit your administrative exempt classifications

Workers can be classified as exempt from overtime if they fall under one of four exemptions. The administrative exemption, covered in depth in this audio conference, is one of the four. Don’t miss these upcoming audio conferences from BLR that will provide additional in-depth guidance on the other three exemptions:

• December 4 - The Professional Exemption (on CD)
• December 9 - The Executive Exemption (on CD)
• December 11 - The Outside Sales Exemption (on CD)

Attend all 4 and save $277!
Conferences only: just $599—over a 30% savings
CD recordings only: just $599—over a 30% savings
Conferences + CD recordings: just $699—over a 35% savings

There’s no better way to get your wage & hour practices in line for 2009 than a complete review of the four overtime exemptions—take advantage of our full series and save now.

Kristine E. Kwong, Esq., is a partner in the Los Angeles office of the national law firm Hinshaw & Culbertson, LLP. She advises and counsels clients on a wide range of business and employment issues, including wage and hour matters, noncompete and restrictive covenant agreements, executive compensation packages, the full range of disciplinary matters, discrimination, harassment, and leaves of absence, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), the Americans with Disabilities Act of 1990 (ADA), and the California Fair Employment and Housing Act (FEHA). In addition, her practice includes the drafting and updating of handbooks, policy manuals, codes of conduct, and severance packages, and she regularly produces and presents training programs for employers on current issues of employment law. Kwong earned her law degree from the University of the Pacific (McGeorge School of Law).

Approved for Recertification Credit

This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI’s criteria to be pre-approved for recertification.

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