Understanding who qualifies as an “employee” under the Fair Labor Standards Act (FLSA) is critical for ensuring wage and hour compliance. In this CLE, Michael Minkoff, Partner at Stevenson Marino LLP, breaks down the legal framework that governs employee classification, with a particular focus on how it impacts minimum wage and overtime eligibility. The program explores key definitions under the FLSA, common exemptions, and the practical implications of misclassification. Attendees will gain a foundational understanding of the criteria used to determine employee status and the potential risks employers face when these rules are misunderstood or ignored.
Learning Objectives:
1. Define the term “employee” under the Fair Labor Standards Act (FLSA) and distinguish it from independent contractors.
2. Identify the key tests and factors used to determine employment status for overtime purposes.
3. Understand the major exemptions to FLSA overtime rules, including the “white-collar” exemptions.
4. Recognize common misclassification pitfalls and legal consequences of non-compliance.
5. Apply FLSA principles to real-world scenarios to better advise clients or assess internal risk.
Michael R. Minkoff is a Partner in Stevenson Marino LLP’s Employment Law and Commercial Litigators group. He advocates for workers cheated out of wages, combats workplace discrimination and harassment, and protects whistleblowers. With experience as lead counsel in over 200 cases, Michael has been appointed class counsel in unpaid wage actions across various industries