To Be Exempt or Non-Exempt, That Is the Question!
Employers often misclassify employees because they lack a clear understanding of the complex criteria established by state and federal governments (whose requirements often differ) for determining exempt and non-exempt status. Misclassifying an employee as exempt can lead to wage and hour claims resulting in mandatory back pay of unpaid overtime, penalties and fines for missed rest and meal breaks, and potential departmental audits. In addition, the rules concerning deductions from an exempt employee's salary are confusing. The U.S. Department of Labor has a long list of do’s and don’ts. In addition, California employers have to deal with state-specific lists that are often contradictory to federal rules.
Learning Objectives:
- Identify the different exempt categories and understand such concepts as “salary test,” use of “independent judgment,” and what is a “learned professional.”
- Explore in depth the differing rules regarding vacation and sick time off, and the important nuances between docking an exempt employee's salary versus deducting time from sick or vacation leave banks.
- Understand how ordinary changes in the workplace required by business can trigger the accidental loss of exempt status, and learn how to implement correct policies and practices to help avoid the loss of exempt status.
Lauraine Bifulco
Two themes are woven throughout Lauraine Bifulco's diverse career: a passion for a job well done and a zest for continual learning and improvement. Lauraine infuses Vantaggio HR with these qualities every day. When she founded the firm in 1994, Lauraine combined her rare talent in understanding what a client needs and her gift of business foresight to create a company that can service the HR and management consulting needs of small and large companies equally well. Today, Vantaggio serves clients across the country from their offices in California, Hawaii, Colorado, and New York.
Her Career experience helps employers realize their HR goals and adapt to the shifting HR landscape. Lauraine is a veteran HR executive and entrepreneur with 25 years of international, corporate, and consulting experience. Her bold career has taken her to employment and business opportunities in Europe and multiple U.S. cities. She serves as co-chair of the California Small Business Administration's committee on Labor Issues which reviews and makes recommendations on pending labor/employment laws, keeping her abreast of legal developments.
Delivering over 30 presentations and webinars each year, Lauraine is a well-respected, and highly sought after guest lecturer and speaker on a variety of business management and HR-related topics for both state and national organizations including Society for Human Resource Management (SHRM), Professionals in Human Resources Association (PIHRA), American Payroll Association (APA), Next Concept HR Association (NCHRA), Paylocity annual Elevate Conference, and HR Star Conference to name a few. She has been invited to review, develop, and deliver certificate programs for SHRM, and has developed and delivered curriculum for businesses throughout the U.S.
Lauraine received a bachelor’s degree from Wellesley College and conducted graduate level studies in linguistics at the Sorbonne in Paris.