FLSA Math: How to Calculate Wage-Related Damages

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

Register for OnDemand
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


    OnDemand:     $179 for Members | $279 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges, 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

    Panelists

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

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • 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

    ______________________________________________________________

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