To Be Exempt or Non-Exempt, That Is the Question!

A SHRM Symposium: Spotlight on California
Learn best practices for handling exempt/non-exempt classifications, to reduce exposure to wage and hour claims.

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.
Date(s) & Time(s): 
Tuesday, December 4, 2018 - 1:00pm to 2:00pm

Lauraine Bifulco


Lauraine is a veteran human resource executive and entrepreneur with over 20 years of corporate and consulting experience. As President/Owner of Vantaggio HR, Lauraine and her multi-state staff provide HR consulting to companies of all sizes. Lauraine is highly sought after for her expertise, and frequently speaks at national and local seminars. Ms. Bifulco is often quoted in publications, and was recently featured in OC Metro's magazine's "Top 20 Women to Watch" edition.

Metropolitan Ballroom
Amount of Credit: 
Credit Type: 
Session Type: 
Concurrent Session
Critical Evaluation
HR Expertise
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