IMPORTANT UPDATE:  While the New Overtime Rule is on hold due to a nationwide temporary injunction, this session will cover the current regulations for overtime pay and exemptions and will provide a special focus on the provisions of the New Rule to bring you up to speed on the the intent and purpose of the changes that were to become effective on December 1, 2016.

This special, one-day session will provide you with information regarding current regulations on overtime pay and proper classification of Exempt positions.  We will discuss court cases on various topics related to tribal governments and tribal enterprises.  You will walk through various scenarios of your current practices and evaluate them for compliance.

To get the most out of this session, we strongly recommend you bring a Position Description for one or more Exempt positions and your policies and procedures on pay administration.

On May 18, 2016, President Obama announced the publication of the Department of Labor’s Final Rule that updated the overtime regulations, affecting “white collar” overtime exempt positions. The regulations were to become effective December 1, 2016.  Organizations that pay Exempt workers salaries under $47,476 a year would be directly affected by the new regulations.  All employers, including Tribes, need to become aware of and consider the available alternatives to address the impacts of the new regulations.

Tribes must be aware of the actions that need to be taken to comply with the current rules regarding overtime pay and exemptions, and understand the requirements.  Whether or not the New Rule is overturned,  understanding the New Rule and its intent would benefit all Human Resources personnel.

You Will Gain Insight into

  • The Fair Labor Standards Act (FLSA)
  • Type of positions/jobs the FLSA applies to
  • What positions are always considered Non-Exempt
  • Special Provisions for Fire Protection and Law Enforcement Positions
  •  Legal Precedents affecting Tribes and Tribal Enterprises
  • What Requirements must be Met for a Position to be Considered Exempt
  • “Duties” Tests for Exempt Positions
  • Special Rules that Apply to States and Local Governments
  • Minimum Salary Requirements for Exempt Positions – Current and Proposed
  • Understanding: Regular Pay, Overtime Pay, Minimum Wage, Compensatory Time, Work Week
  • Overtime versus Compensatory Time
  • A Review of the Temporary Injunction versus Department of Labor Position
  • Steps for Implementing the Changes
  • Your Organization’s Policies, Procedures, Practices
  • Exempt Position Considerations:  Job Classification, Position Description, Organizational Structure
  • Calculating Costs and Resulting Impacts
  • Reviewing your current Policies and Procedures to Ensure Compliance

Who Should Attend?

Tribal council members, tribal controllers and finance officers, accounting staff, personnel officers and staff, finance staff; school boards, health boards, public safety boards, housing authority boards; program directors and managers, grants and contracts staff; attorneys; and federal contracting officers including federal awarding officials, federal grants monitors and administrators.