Wage and hour law is an ever-evolving area of human resources that can easily leave the most seasoned attorney feeling unsure or behind with pertinent knowledge. Even small misinterpretations can lead to businesses paying costly penalties or facing expensive litigation. This resource will give you a comprehensive overview of the most recent wage and hour law updates so you can effectively counsel clients prior to and during disputes. Identify how developments in federal, state and local laws apply to your current cases. Our faculty will provide the benefit of their years of experience and share practical solutions for challenging situations. Order today!

1. Fair Labor Standards Act (FLSA) and State Labor Laws
2. Exempt Vs. Non-Exempt Employees
3. Wage Laws for Specific Types of Workers
4. Employer Safeguards
5. Department of Labor Investigations
6. Step-by-Step Guide Through the Civil Complaint Process
7. Defenses Available to the Employer
8. Overview of FLSA Section 16(b)
9. Ethics

Continuing Education Credits:   

* denotes specialty credits

1. Fair Labor Standards Act (FLSA) and State Labor Laws
   9:00 - 10:00, Jill M. Benson
   1. Recent Wage and Hour Law Developments
   2. What are “Hours Worked”?
      1. Volunteer Activities
      2. Training
      3. On-Call or Waiting Periods
      4. Travel Time and Sleeping Time
      5. Meal and Rest Breaks
      6. Break for Nursing Mothers
   3. Minimum Wage
   4. Overtime
      1. Interplay Between State and Federal Overtime Laws
      2. Fluctuating Workweek
   5. Wage Deductions
   6. Wage Garnishment
   7. Equal Pay
   8. Recordkeeping Requirements
2. Exempt vs. Non-Exempt Employees
   10:00 - 10:30, Jill M. Benson
   1. Exempt vs. Non-Exempt Status
      1. Violations and Penalties
   2. Salary Requirements and Job Duties Requirement
   3. Types of Exemptions
3. Wage Laws for Specific Types of Workers
   10:45 - 11:30, Jill M. Benson and Mary E. Windham
   1. Federal Contractors
   2. Foreign Labor
   3. Seasonal and Migrant Workers
   4. Agriculture (Child, Family, Etc)
   5. Internships and Apprenticeships
   6. Child Labor
   7. Independent Contractors
4. Employer Safeguards
   11:30 - 12:15, Jill M. Benson
   1. Tips to Remain in Compliance
   2. Documentation
   3. Common and Avoidable Violations
   4. Preventing Off-the-Clock Claims
   5. How to Conduct an Internal Wage and Hour Audit
   6. Workplace Investigations
   7. Avoiding Retaliation Claims
   8. Joint Employer Theories of Recovery
   9. Controlling Legal Costs
5. Department of Labor Investigations
   1:15 - 1:30, Jill M. Benson
6. Step-by-Step Guide Through the Civil Complaint Process
   1:30 - 2:30, Jill M. Benson
   1. Jurisdiction and Venue
   2. Parties
   3. Pleadings
   4. Discovery
   5. Evidence and Standards of Proof
   6. Trial
7. Defenses Available to the Employer
   2:45 - 3:15, Jill M. Benson
   1. Statute of Limitations
   2. Good Faith Defenses
   3. Alternative Dispute Resolution Tactics
8. Overview of FLSA Section 16(b)
   3:15 - 3:30, Jill M. Benson
   1. Collective Actions
9. Ethics
   3:30 - 4:30, Jill M. Benson
   1. Code of Professional Conduct
   2. Settlement: Confidentiality, Conflicts of Interest and Attorney's Fees
   3. Solicitation of Clients

JILL M. BENSON is an experienced labor and employment litigator with Womble Carlyle Sandridge & Rice, where she represents employers in a wide range of labor and employment issues, including wage and hour claims (Fair Labor Standards Act and state wage and hour laws); leave of absence issues, including Family Medical Leave Act, military leave and paid time off concerns; anti-discrimination disputes, including those involving Americans with Disabilities Act claims, as well as claims involving alleged discrimination on the basis of race, gender, religion or age; trade secrets and employee non-compete cases; and whistleblower retaliation claims. She represents employers at both the trial and appellate level before federal and state courts. Ms. Benson also represents clients in proceedings before federal and state administrative agencies, including the Equal Employment Opportunity Commission and the Department of Labor, as well as in arbitration disputes before the American Arbitration Association. She also conducts internal audits of employment policies and procedures, and works with employers to draft employment policies, employment handbooks and employment agreements that comply with federal and state laws. Ms. Benson has been admitted to the North Carolina State Bar and the South Carolina Bar. She is admitted to practice before the U.S. District courts for the Eastern, Middle, and Western districts of North Carolina; U.S. District Court for the District of South Carolina; and the Fourth Circuit Court of Appeals. Ms. Benson is a member of the Winston-Salem Chamber of Commerce's Council of Governmental Affairs, 2010 - present; secretary, Young Professional Republicans of Forsyth County, 2010 - present; board member/legal advisor, NCASP, 2010 - present; and member, Junior League of Winston-Salem, 2009 - present. She earned her B.A. degree, cum laude, from Winthrop University and her J.D. degree from Campbell University, Norman Adrian Wiggins School of Law, where she was a Campbell Law Observer case summary writer. Ms. Benson's publications include: "North Carolina Jumps on the E-Verify Bandwagon," North Carolina Association of Staffing Professionals, Staffing Now, September/October, 2011 and "Medical Inquiries for Temporary Workers: Timing is Everything," North Carolina Association of Staffing Professionals, Staffing Now, January/February 2011.

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Phone: 866-240-1890

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