If it seems like Department of Labor investigations, fines and penalties are piling up across the country, it’s not just you. The DOL is on the hunt for practices that violate overtime pay and independent contractor classification rules, and as the regulations continue to change, the department is hungry to find offenders.
Add to this the recent FTC employee non-compete ban, and your risk for violations and penalties increased even more. One misstep in any of these areas can subject you to jail time, thousands of dollars in fines, massive class action lawsuits, back pay disputes and insurance penalties. But it doesn’t have to be this way…
Two compliance experts and attorneys — Kelly Holden, JD, and Ariel Fenster, Esq., — will share the actionable, plain-English legal insights you need to employ if you want to steer clear of the non-compete, overtime pay and independent contractor violations that are already affecting medical practices nationwide. Register for this three-part series today to stay on the right side of the employment laws.
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PART 1: Comply w/New FTC Employee Non-Compete Ban to Avoid Penalties
Attend the live online training on Tuesday, May 21st at 1:00PM ET OR,
Choose the On-Demand Recording to Watch at Your Convenience.
URGENT: Your practice’s employee non-compete agreements are now null and void based on a new Federal Trade Commission (FTC) Act. finalized on April 23, 2024. You must take immediate action to avoid violating FTC unfair competition rules, and costly violation lawsuits and penalties.
The new FTC Act imposes a federal ban on about 99% of your employee non-compete agreements, leaving you little time to comply with employee notification requirements. You must completely overhaul your employee contracts for both existing and future staff to remove any mention of non-compete language. The notification requirements are only one aspect of this new rule. Don’t risk compliance on your own.
Attorney and compliance expert Kelly Holden, JD, can help your practice comply with this recently implemented FTC Act during her upcoming online training on Tuesday, May 21st at 1pm ET. During her live online training, Kelly will break down the complexities of the new FTC Act and walk you through exactly what your practice must do to comply.
By attending Kelly’s 60-minute training event, you’ll benefit from airtight strategies that can help your practice comply with the FTC’s new non-compete ban:
- Comply when notifying existing employees that their non-competes are null and void
- Pinpoint legal alternatives that help ensure employees don’t reveal your trade secrets
- Calculate salary thresholds to identify which staffers are still bound by non-competes
- Differentiate how the non-compete rules differ for nonprofit vs. for-profit organizations
- Find out if staffers employed by for-profit staffing agencies — but working at nonprofits — fall under the ban
- Uncover whether state laws supersede federal laws when it comes to violation penalties
- Avoid consequences if your nondisclosure language is too similar to non-compete verbiage
- And much, much more…
PART 2: Comply with New 2024 Changes to Employee Overtime Pay Rules
Available Immediately, Choose the On-Demand Recording to Watch at Your Convenience
Compliance with the new Department of Labor (DOL) overtime pay rules is mandatory for your practice. Failure to correctly classify each employee as either exempt or nonexempt can lead to costly compliance violations for your practice.
The trick is to figure out which of your staff will be affected by the new DOL “white collar” overtime pay rules (i.e., medical assistants, physician assistants, front desk staff, etc.).
Legal cases involving wage and hourly disputes are currently some of the most active types of employment law litigation, and settlement amounts are hitting new highs. This means when employees complain about not being paid correctly, lawyers listen, and you get sued. But you don’t have to interpret the law on your own.
Healthcare attorney Ariel Fenster, Esq., is hosting a healthcare-specific online training that will walk you through how to comply with the new Fair Labor Standards Act (FLSA) “white collar” overtime pay rules. You’ll receive a step-by-step breakdown of these new requirements as they specifically relate to healthcare. You’ll learn how to ensure compliance with these new overtime pay rules – including how to avoid overpaying your staff. You’ll have time to get your specific questions answered as well.
Here are just a few of the proven compliance tactics you’ll receive during this practical, step-by-step online training that will help you comply with these new FLSA overtime pay rules:
- Discover when it’s in your best interest to raise salaries or switch to hourly
- Identify which sections of your employee policy manual you should update immediately
- Comply with deadlines for the new overtime pay rules to avoid legal trouble
- Breakdown other factors that change an employee’s exemption status
- 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
- And so much more…
PART 3: NEW Independent Contractor Rule: Practical Tactics to Halt Violations
Available Immediately, Choose the On-Demand Recording to Watch at Your Convenience.
If your practice works with even one independent contractor, you could face significant penalties for not complying with the NEW Department of Labor (DOL) Independent Contractor Rule that took effect March 11th.
Now that this new rule is live, the government will launch a severe crackdown on practices that misclassify workers as independent contractors when they should be considered employees. Those who aren’t compliant with this new Independent Contractor Rule are subject to a year in jail, up to $1,000 in fines per misclassified employee, class action lawsuits, and insurance repayment.
Think it can’t happen to you? Even before the new rule was finalized, the DOL was on the hunt for employee misclassifications. One skilled nursing facility was recently sued by DOL for $19 million after using a staffing agency to provide them with independent contractors. The Independent Contractor Rule is so wide-reaching that every healthcare entity in the US needs to be concerned.
The good news is that help has arrived. Attorney and compliance expert Kelly Holden, JD, presented an online training to walk you through every aspect of the new Independent Contractor Rule. During Kelly’s plain English 60-minute training, she’ll cut through the legal jargon and drill down to actionable steps to help ensure your practice complies with this new DOL rule.
By attending this expert-led training, you’ll get easy-to-implement strategies that can help your practice stay on the right side of the new Independent Contractor Rule:
- Pinpoint which staffers should be “independent contractors” with a clear definition
- Discover whether utilizing employment agencies can lead to violations under the new rule
- Identify when you can hire fill-in staff as independent contractors and when you can’t
- Uncover exactly which benefits you must offer to employees if you want to stay compliant
- Capture correct staff info to compliantly complete their employee paperwork
- Easily navigate the DOL rules with simple checklists demonstrating essential details
- Audit proof your documentation with optimal recordkeeping standards
- Uncover which of your staff relationships are immune from the latest ruling
- Cut classification confusion by including specific verbiage in your staff contracts
- And so much more…
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