FLSA Math: How to Calculate Wage-Related Damages

Friday, September 13, 2019 | 9:00 a.m. – 12:00 p.m.

Program Chair:
Louis Pechman

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 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

    Live Program & Webcast:
    $229 for Members | $329 for Nonmembers
    In-House Counsel: Free for Members | $249 for Nonmembers
    Small Law Firm: $119 for Members
    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Gianfranco J. Cuadra
    Pechman Law Group PLLC
    John S. Ho
    Cozen O’Connor
    Brian S. Schaffer
    Fitapelli & Schaffer LLP
    Noel P. Tripp                        
    Jackson Lewis P.C.

  • 9:00 a.m. – 9:05 a.m. Introduction/Overview

    Louis Pechman

    9:05 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

    John Ho

    9:25 a.m. – 9:45 a.m. Fluctuating Workweek

    Gianfranco J. Cuadra

    9:45 a.m. – 10:20 a.m. Hospitality/Restaurant Issues

    Brian Schaeffer & Noel Tripp

    10:20 a.m. – 10:35 a.m. Break
    10:35 a.m. – 10:55 a.m. Building Service Issues

    Noel Tripp

    10:55 a.m. – 11:10 p.m. Domestic Workers Issues

    John Ho

    11:10 a.m. – 11:25 a.m. Wage Theft Prevention Act, Liquidated Damages, Interest, & Spread-of-Hours Pay

    Brian Schaeffer

    11:25 a.m. – 11:45 a.m. Spreadsheet Tips & Calculations

    Gianfranco J. Cuadra

    11:45 a.m. – 12:00 p.m. Questions


  • CLE Credit
    New York: 3.0 Skills
    New Jersey: 3.2 General
    California: 3.0 General
    Pennsylvania: 2.5 General

  • Sponsoring Association Committees:
    Federal Courts, Harry Sandick, Chair
    Hospitality Law, David Helbraun, Chair
    Labor & Employment Law, Katherine A. Greenberg, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org