Park Avenue Presentations

Exempt or Non-Exempt Workers - Avoid Wage and Hour Misclassification Penalties

Duration: 90 minutes

Speaker: Max Muller


Webinar Description

Many employers frantically prepared for 2016 changes to the regulations related to classifying employees as being exempt or nonexempt When those changes did not occur, many employers sighed with relief – and let their guard down.


Applicable law never changed! You must still classify employees correctly in accordance with the salary basis, salary level, and (significantly!) duties tests related to classifying workers as being exempt executive, administrative, professional, computer, or outside sales employees.


In addition, even though the previously proposed changes never went into effect, the hundreds of additional enforcement agents the Wage and Hour Division of the Department of Labor (WHD) hired in 2010 and 2011 did not suddenly disappear. They have not stopped seeking out employers who are guilty of either purposeful or inadvertent misclassification of employees.

Also, note carefully, the DOL predicted in its fall regulatory guidance, published Dec. 14, 2017, that it will issue a proposed overtime rule by October 2018. The DOL is expected to raise the salary threshold for white-collar exemptions.


Employers know that the FLSA governs the classification of their employees for purposes of paying overtime wages; however, many seminars, webinars, and conference breakout sessions explain what the FLSA rules are without describing how to implement them. This fast-paced, information-rich 90-minute webinar will both identify FLSA areas that are the subject of current WHD enforcement efforts and, more important, what employers can do to avoid violating the law and paying large amounts of back wages.


During this session, participants will learn how to:





Continuing HRCI Credit

This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.


Continuing SHRM Credit

SHRM Recertification Provider
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit

Continuing Legal Education Credit Information

This webinar has been approved in the following states for continuing legal education credit by  The Marino Legal Academy:

California: 1.5 credit hours

The Marino Institute for Continuing Legal Education is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 credit hours of participatory CLE credit.

New Jersey: 1.5 credit hours

This webinar has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.5 CLE credit hours.

New York: 1.5 areas of professional practice credit hours

This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for veteran attorneys for 1.5 credit hours, of which 1.50 credit hours may be applied toward the Areas of Professional Practice.

Pennsylvania: 1.5 credit hours

This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.


To receive CLE credit for this webinar in those states, please request such credit by writing to  Your request will be forwarded to The Marino Legal Academy for processing.


CLE credit for this webinar may also be awarded in a number of other jurisdictions. For more information, please contact a Marino Legal Academy legal education consultant at (212) 249-3779,x104.



This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.