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Davis & Gilbert Labor & Employment Breakfast Seminars
July 2010

Fair Labor Standards Act: Demystifying Classifications

Properly classifying your personnel under The Fair Labor Standards Act (FLSA) is more critical than ever, and the penalties for misclassification are significant.  Yet, misclassification remains a prevalent problem.  In light of President Obama's infusion of funds into the Department of Labor (DOL) to review and audit companies for FLSA violations and proposed legislation that would heighten employer burden and stiffen penalties for misclassification, it is imperative to review your company's classifications and to take remedial measures where appropriate.  To assist you with understanding the ins and outs of this important topic, this program will cover, among other things:

  • The standards for properly classifying independent contractors, exempt and non-exempt employees, and unpaid interns under the FLSA,
  • Recent key cases, DOL guidance regarding proper classifications under the FLSA and the risks of and penalties for misclassification,
  • Proposed legislation, including the Employee Misclassification Prevention Act and the Taxpayer Responsibility, Accountability, and Consistency Act of 2009, and
  • Best practices for determining how to classify your personnel under the FLSA and reclassify existing employees, where necessary.


Gregg A. Gilman, Partner/Co-Chair
Daniel A. Feinstein, Partner
Jessica Golden Cortes, Associate
Heath Rosenthal, Associate

Cost: Free

Legal and HR CLE Credits: 1.5

Target Audience: Human Resource Professionals, Senior Management and In-House Counsel

For details regarding dates and registration, please contact:

Jennifer L. Simpson / jsimpson@dglaw.com / 646.673.8317