Surgent's Recent Changes in Workplace Regulations: Overtime, Non-compete Agreements, and Employee/Independent Contractor

Overview

This program covers three topics: the Department of Labor's changes in overtime rules, the Federal Trade Commission's ban on most non-compete agreements, and the Department of Labor's new rules relating to differentiating between employees and independent contractors under the Fair Labor Standards Act (FLSA). Understanding these new changes will allow accounting and finance professionals to discuss these important business law changes with their clients.

Prerequisites

None

Objectives

• Understand the latest in workplace regulations for both you and your clients
• Effectively advise clients regarding the new workplace regulations

Highlights

• Final Rule - Employee or Independent Contractor Classification Under the FLSA: the multifactor “economic reality” test; What analysis guides whether a worker is an employee or independent contractor under this final rule? Can a worker voluntarily waive employee status and choose to be classified as an independent contractor? Are any of the economic reality factors adopted in this rule more important than others when evaluating a worker’s employment status? How does the final rule explain “extent to which the work performed is an integral part of the employer’s business?”
• The Federal Trade Commission’s Decision on Non-compete Agreements: impact on new and existing non-competes; treatment and definitional terms for senior executives; definition of a non-compete clause; definition of a “worker”
• New Overtime Rules: exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees; increases in the standard level and the highly compensated employee total annual compensation threshold; new mechanism allowing for the timely and efficient updating of the salary and compensation thresholds