FLSA Math: How to Calculate Wage-Related Damages (OnDemand)

Originally held on Wednesday, October 28, 2022 | 9:00 am – 12:00 pm

Register for the OnDemand


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 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 Nonmembers

    Members 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.

  • Gianfranco J. Cuadra
    Pechman Law Group PLLC

    Mike Schmidt
    Cozen O’Connor

    Denise Schulman
    Joseph & Kirschenbaum 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
    Michael Schmidt

    9:25 a.m. – 9:45 a.m.
    Fluctuating Workweek
    Gianfranco J. Cuadra

    9:45 a.m. – 10:20 a.m.
    Hospitality/Restaurant Issues
    Denise Schulman & Noel Tripp

    10:20 a.m. – 10:35 a.m.
    Break

    10:35 a.m. – 11:55 a.m.
    Building Service Issues
    Noel Tripp

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

    11:10 p.m. – 11:30 p.m.
    Wage Theft Prevention Act, Liquidated Damages, Interest, Spread-of-Hours Pay, and Frequency of Payments
    Denise Schulman

    11:30 a.m. – 11:50 a.m.
    Spreadsheet Tips & Calculations
    Gianfranco J. Cuadra

    11:50 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, Chair

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

Register for the OnDemand

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