Originally held on Wednesday, October 28, 2022 | 9:00 am – 12:00 pm
Program Chair:
Louis Pechman
Pechman Law Group PLLC
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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 of issues that arise in practice, such as:
- Calculating hourly, overtime, and minimum wage rates (salaried, commission, shift pay, blended rates)
- Special rules for the calculation of damages for workers in the hospitality/restaurant, domestic and building services industries
- Spread-of-hours pay and non-hourly wage rates (salaried and piece-rate employees)
- Statutory damages under the Wage Theft Prevention Act
- Overtime gap rule
- Bonuses
- Fluctuating workweek
- Interest under state and federal laws
- Liquidated damages
- Tip credits and tip damages
- Spreadsheet tips and calculations
Program Fee:
$229 for Members | $329 for NonmembersMembers who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
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Gianfranco J. Cuadra
Pechman Law Group PLLCMike Schmidt
Cozen O’ConnorDenise Schulman
Joseph & Kirschenbaum LLPNoel P. Tripp
Jackson Lewis P.C. -
9:00 a.m. – 9:05 a.m.
Introduction/Overview
Louis Pechman9:05 a.m. – 9:25 a.m.
Hourly, Minimum, & Overtime Wage Rates
• Hourly Rate
• Commission, shift pay, blended rates, piece rates
• Shift differentials, on call pay, cash in lieu
• Salaried employees, 0.5 v. 1.5
• Bonuses
• Klinghoffer “Gap Time” Rule
Michael Schmidt9:25 a.m. – 9:45 a.m.
Fluctuating Workweek
Gianfranco J. Cuadra9:45 a.m. – 10:20 a.m.
Hospitality/Restaurant Issues
Denise Schulman & Noel Tripp10:20 a.m. – 10:35 a.m.
Break10:35 a.m. – 11:55 a.m.
Building Service Issues
Noel Tripp11:55 a.m. – 11:10 p.m.
Domestic Workers Issues
Michael Schmidt11:10 p.m. – 11:30 p.m.
Wage Theft Prevention Act, Liquidated Damages, Interest, Spread-of-Hours Pay, and Frequency of Payments
Denise Schulman11:30 a.m. – 11:50 a.m.
Spreadsheet Tips & Calculations
Gianfranco J. Cuadra11:50 a.m. – 12:00 p.m.
Questions
Panelists -
New York: 3.0 Skills
New Jersey: 3.2 General
California: 2.5 General
Pennsylvania: 2.5 General
Connecticut: Available to Licensed Attorneys -
Sponsoring Association Committees:
Federal Courts, Harry Sandick, Chair
Hospitality Law, Jack Gordon, Chair
Labor & Employment, Tracey Salmon-Smith, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org