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Format: On-Demand Webinar
Presenter: Ariel D. Fenster, ESQ.
Time: You can access the webinar anytime
Duration: 60 minutes
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Hospitals and Medical Practices must comply with the new Department of Labor (DOL) overtime pay rules. Healthcare organization or medical practices should correctly classify each employee as either exempt or nonexempt, failing in this classification and in case of non-compliance can lead to costly compliance violations and penalties for your practice.

The challenge lies in determining which members of your staff (medical assistants, physician assistants, front desk employees, etc.) will be impacted by the new Department of Labor “White Collar” overtime pay regulations. One of the most active categories of employment law litigation at the moment is wage and hourly dispute claims, with settlement amounts reaching all-time highs. Thus, when workers file complaints about improper compensation, attorneys take notice, and you risk being sued. However, you are not required to interpret the law for yourself.

During this webinar, healthcare attorney Ariel Fenster, Esq., will tell you how to how to comply with the new Fair Labor Standards Act (FLSA) “white collar” overtime pay rules. Expert Ariel will tell you a step-by-step breakdown of these new rules and requirements as they specifically relate to healthcare. Attendees will also learn how to ensure compliance with this new overtime pay rules including how to avoid overpaying your staff.

Learning Objectives

  • Understand the new Department of Labor (DOL) Fair Labor Standards Act (FLSA) “white collar” overtime pay rules
  • Learn to identify which sections of your employee policy manual you should update immediately
  • Know how to Comply with deadlines for the new overtime pay rules to avoid legal trouble
  • Breakdown other factors that change an employee’s exemption status
  • Avoid Stop paying overtime to staff members who don’t qualify under the new rule
  • Reduce risk by implementing must-use language during employee conversations
  • Cut confusion when determining how bonuses factor into employee salary calculations
  • Utilize a detailed compliance checklist to meet FLSA overtime rule deadlines

Areas Covered in the Session

  • Department of Labor (DOL) Fair Labor Standards Act (FLSA) “white collar” overtime pay rules
  • FLSA Overtime Exemptions Rules
  • The EAP Overtime Exemptions – Section 13(a)(1) of the FLSA,29 U.S.C. § 213(a)(1)
    • EAP (“white-collar”) Exemptions
    • Highly-Compensated Employee (“HCE”) Exemption
  • DOL Definition for EAP “Capacity” Through Duties and Pay
  • State wise Exemptions Rules
  • Examining the Final Rule
  • Unpacking the New Rule
    • U.S. territories
    • Motion picture industry
    • New Rule Focuses on Salary Level
    • Changes to the EAP Salary Levels
    • Potential Ratcheting Caused by Auto-Increases Tied to Wages Paid to Full-Time Salaried Workers
    • Changes to the HCE Compensation Levels
    • Additional Points
  • The Final Rule and its Challenges
  • Challenge Concerning Gaps in DOL Permanent Leadership
  • Employee policy manual
  • Deadlines for the new overtime pay rules
  • Breakdown other factors that change an employee’s exemption status
  • Communication and coordination with employee
  • Determining how bonuses factor into employee salary calculations
  • Compliance checklist to meet FLSA overtime rule deadlines
  • Next Steps for Employers
  • What Should Employers Be Doing?
  • An opportunity to assess other exemption-related issues
  • How to Ready for Compliance

Suggested Attendees

  • Healthcare CEOs, CFOs and COOs
  • Doctors
  • Nurses
  • Compliance Officers
  • Administrators
  • Department Heads
  • Direct Care Staff
  • Environmental Service Workers
  • Company Leadership
  • Compliance Professionals
  • HR Professionals
  • All Professionals
  • Managers / Supervisors
  • Employers in all Industries
  • Small Business Owners
  • Any one who want to learn DOL rules and regulations

About the Presenter

Ariel D. Fenster, ESQ., is a Senior Associate in Seyfarth Shaw’s Atlanta office, concentrating her practice on representing and counseling employers throughout the country in the entire range of employment law matters. She got listed in Georgia Super Lawyers’ “Rising Stars” for Employment & Labor (2021) and was selected to Georgia’s Legal Elite by Georgia Trend magazine for Employment & Labor (Morris Publishing Group) (2020). Ariel also regularly delivers employment law presentations and employee handbooks to not-for-profit entities through her work with the Pro Bono Partnership of Atlanta. For the work that she has done for the community, Ariel was named Seyfarth’s 2018 Pro Bono Associate of the Year.

Prior to joining the firm, Ariel practiced with another national L&E firm and also worked with a boutique L&E firm in Atlanta. Ariel attended Emory University School of Law. There, she served as managing editor of Emory’s Business Law Review and competed in the National Wagner L&E Moot Court Competition. For her success, Ariel was inducted into the Order of Barristers. During her time at Emory, Ariel clerked for several Fortune 100 and Fortune 500 companies in house. Ariel provides extensive advice and strategic guidance to clients on a wide array of Human Resources topics and issues, including policy development and review, auditing the Human Resources functions, leave and absence management, EEO compliance, reductions in force, employee relations, labor relations, performance management, discipline and discharge and various other areas, with an emphasis on instituting best practices and avoiding audits and litigation.

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