Fluctuating Workweek and the Fluctuating Rules and Issues

On Demand Webinar Duration 60 minutes Credits CLE, APA (CPP/FPC), NASBA, HR Certification Institute, AIPB, SHRM

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Gain a better understanding of the regulatory foundation of the fluctuating workweek.

With the advent of the Biden administration, the Wage and Hour Division of the U.S. Department of Labor will be even more assertive in its enforcement of the minimum wage and overtime provisions of the Fair Labor Standards Act. During the last year of the Trump administration though, the Labor Department under the leadership of then Secretary of Labor, Eugene Scalia, and Wage and Hour Administrator, Cheryl Stanton, revised new interpretations of ‘fluctuating workweek’ methodology of overtime compensation for certain nonexempt employees paid a salary. Contrary to agency guidance issued in 2011, these revised rules clarify that payments of bonuses and certain other forms of premium pay should not invalidate an employer’s use of fluctuating workweek methodology in the calculation of overtime pay. This topic will provide an in-depth discussion of the fluctuating workweek, explore its legal and regulatory foundation and history, and analyze whether and to what extent the revised 2020 rules, are likely to receive deference in the courts. To date, the Biden Administration has not indicated its intent to revise these revised rules, although that approach could change over time. The information will also review practical compliance solutions. This material is critical for employers who want a thorough understanding of the benefits and risks of the fluctuating workweek in the current wage and hour enforcement climate.

Learning Objectives

  • You will be able to define fluctuating workweek.
  • You will be able to discuss DOL fluctuating workweek guidance.
  • You will be able to review 2020 rulemaking and revised regulations.
  • You will be able to identify the practical impact on employers.
Agenda
Current Administration and Enforcement of the FLSA by the Wage and Hour Division of the U.S. Department of Labor
The Fluctuating Workweek
  • History and General Regulatory Principles-29 C.F.R. Section 778.114 and Relevant Case Law
  • DOL Final 2011 Regulations
The Impact of the 2011 Rulemaking
  • Court Decisions and Judicial Deference (or Lack of Deference) to DOL Fluctuating Workweek Guidance
2020 Rulemaking and Revised Regulations
  • A Reversal of the 2011 Guidance
Practical Impact on Employers
  • Implications for Fluctuating Workweek Methodology in Calculating Overtime for Misclassified Exempt Employees
Who should attend?

This live webinar is designed for human resource and payroll professionals, business managers, office managers, presidents, vice presidents, CFOs, controllers, accountants, and attorneys.

In Partnership with Lorman


Your Instructor


David A. Gran
David A. Gran
  • Partner in the Washington office of Baker & Hostetler LLP
  • Current co-chair of the Wage and Hour Practice Team in the firm’s Employment and Labor Group; immediate past chair of the Employment and Labor Group
  • Over 40 years of experience representing employers in all aspects of labor and employment law, with a particular emphasis on investigations by the Wage and Hour Division of the U.S. Department of Labor under the Fair Labor Standards Act and litigation brought by the Solicitor of Labor’s Office
  • Former attorney in the Fair Labor Standards Division of the Office of the Solicitor of Labor in Washington, D.C.
  • Frequent speaker on wage and hour topics and contributor to Baker Hostetler’s Employment Class Action blog, offering commentary on recent collective and class action decisions and trends affecting employers
  • J.D. degree, Georgetown University Law Center; A.B. degree, Bowdoin College

Credits

OnDemand Course

This course was last revised on June 25, 2020.

  • SHRM-CP/SHRM-SCP Preferred ProviderSHRM 1.0
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AIPB 1.0
  • This program is acceptable for 1.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
  • CPP/FPC
  • Lorman Education Services is an approved provider through the American Payroll Association. This seminar is approved for 1.0 RCHs. PLEASE NOTE: To receive credit through the American Payroll Association for this program you MUST attend the program in its entirety and use the streaming option, as well as enable (and complete) the required progress checks.
  • AL CLE 1.0
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
  • AR CLE 1.0
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
  • Arizona CLE 1.0
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
  • CA MCLE 1.0
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
  • CT CLE 1.0
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
  • HI CLE 1.0
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
  • IL CLE 1.0
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
  • ME CLE 1.0
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 5.
  • NH MCLE 1.0
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
  • NJ CLE 1.2
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
  • PA CLE 1.0
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
  • RI CLE 1.0
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
  • VT CLE 1.0
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
  • WA CLE 1.0
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
  • WI CLE 1.0
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
  • WV MCLE 1.2
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
  • HRCI Approved ProviderHR Certification Institute 1.0
  • This program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
  • SHRM-CP/SHRM-SCP Preferred ProviderSHRM 1.0
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
  • National Registry of CPE SponsorsCPE 1.2 including Personnel/HR 1.2
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.2 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.

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