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.
While the DOL’s Independent Contractor Rule took effect in March of this year, the accompanying overtime pay rules are set to become the law of the land any day now. One misstep on either of these laws can subject you to jail time, thousands of dollars in fines, massive class action lawsuits, back pay disputes and insurance penalties.
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 overtime pay and independent contractor violations that are already affecting medical practices nationwide. Register for this two-part series today to stay on the right side of the employment laws.
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PART 1: Comply with Recently Released Changes to Overtime Pay Rules
Attend the live session on Thursday, May 9th at 1:00PM ET OR,
Choose the On-Demand Recording or CD-Rom 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.
On Thursday, May 9th at 1:00 pm ET, 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 2: NEW Independent Contractor Rule: Practical Tactics to Halt Violations
Available Immediately, Choose the On-Demand Recording or CD-Rom 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…
100% Satisfaction Guaranteed or a Full Refund.
You take no risk whatsoever. If you find this essential session doesn’t meet your expectations or you are not satisfied for any reason, simply let us know.
Ariel 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. 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.
Ariel relieves her clients’ day-to-day pain points related to performance management, discipline, terminations, and reductions in force, with an emphasis on compliance, business needs, and prevention of litigation. When clients have serious employee complaints, she assists with investigations—either advising in-house counsel and HR or conducting the investigation herself. She regularly trains managers, leaders, executives, HR departments, and legal teams on the full suite of labor and employment topics.
Ariel possesses a specialized focus in working with clients in the healthcare industry and understands their day to day employee challenges. Ariel is certified by Seyfarth Shaw’s Healthcare Institute and frequently leverages her deep understanding of the industry to help large healthcare systems, as well as smaller locally owned homecare companies.
Kelly Holden has been in private practice for 27 years representing employers of all sizes. She handled all aspects of employment law including defense of cases in federal and state court as well as numerous federal and state administrative agencies. She also specialized in immigration matters for employers and did estate planning for families.
She is currently in-house legal counsel for a physician group as well as assisting other clients with employment and healthcare related legal issues.
Kelly is on the Board of Interparish Ministries and the Finance Commission of St. Veronica Church. She graduated from Franklin College in Indiana in 1990 with a B.A. in Journalism and from Chase College of Law in 1996. She lives in Cincinnati, Ohio with her husband and four children.
