FLSA Math: How to Calculate Wage-Related Damages

Originally held on Tuesday, October 24, 2017 | 9 am – 1 pm

 


Program Chair
Louis Pechman
Pechman Law Group PLLC

 

 

 

 

 

 

 

  • This lively and challenging CLE program will provide the nuts-and-bolts necessary for attendees to understand the at times confusing formulas that apply when calculating wage-related damages under the Fair Labor Standards Act and the New York Labor Law. Join a distinguished panel of management and employee-side attorneys as they explain the myriad ways in which damages are calculated under both laws.

    The panel will discuss specific and complex examples that arise in practice, such as calculating hourly, overtime, and minimum wage rates; interest under state and federal laws; liquidated damages; statutory damages under the Wage Theft Prevention Act; tip credits and tip damages; spread-of-hours pay; and non-hourly wage rates (e.g., salaried and piece-rate employees). The program will also focus on special rules for the calculation of damages in the hospitality, domestic worker, and building services industries. The panel will also address nuances between calculating damages in class actions, collective actions, and single plaintiff cases.

    DVDs & CDs: $229 Member | $329Nonmember
    On-Demand: $179 Member| $279 Nonmember
    Materials Only (No CLE Credit): $99 Member | $129 Nonmember

    * New York residents will be charged the New York sales tax for all audio visual purchases.

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  • Gianfranco J. Cuadra
    Pechman Law Group PLLC

    Joseph A. Fitapelli
    Fitapelli & Schaffer LLP

    John S. Ho
    Cozen O’Connor

    Noel P. Tripp
    Attorney at Law
    Jackson Lewis P.C.

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  • 9:00 a.m. – 9:10 a.m. Introduction/Overview

    Louis Pechman
    9:10 a.m. – 9:30 a.m. Hourly Rate/Minimum Wage Rate

    • Salaried, commission, shift pay, blended rates
    • Kinghoffer Rule

    Noel P. Tripp
    9:30 a.m. – 9:50 a.m. Overtime Rates

    • Hourly, salaried, .5 v. 1.5
    • Overtime gap rule
    • Bonuses

    John S. Ho
     9:50 a.m. – 10:10 a.m. Fluctuating Workweek

    Joseph A. Fitapelli
    10:10 a.m. – 10:30 a.m. Wage Theft Prevention Act, Liquidated Damages, Interest, & Spread-of-Hours

    Gianfranco J. Cuadra
    10:30 a.m. – 10:45 a.m. Break
    10:45 a.m. –    11:15 a.m. Hospitality/Restaurant Issues

    Joseph A. Fitapelli
    11:15 a.m. – 11:35 a.m. Domestic Workers Issues

    John S. Ho
    11:35 a.m. – 11:55 p.m. Building Service Issues

    Noel P. Tripp
    11:55 p.m. – 12:15 p.m. Spreadsheet Tips & Calculations

    Gianfranco J. Cuadra
    12:15 p.m. – 12:45 p.m. Collective Action/Class Action Damages Issues

    Panelists 

    12:45 p.m. – 1:00 p.m. Questions

    Panelists 

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  • This program provides 4.5 credits in professional practice for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.

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  • Sponsoring Association Committees:

    Federal Courts | Laura Grossfield Birger, Chair
    Labor & Employment Law | Jyotin Hamid, Chair
    Hospitality Law | David Helbraun, Chair

    Sponsorship Opportunities are Available! Please Contact:

    Marciela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 |
    MAlfonso@nycbar.org

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