The U.S. Department of Labor’s final regulations revising the white collar exemptions under the Fair Labor Standards Act go into effect on December 1, 2016. As a result of these revised regulations, it is anticipated that millions of employees who are not currently eligible for overtime pay will become eligible on December 1 unless their weekly salaries are raised to the new threshold of $913.00 per week. Employers need to make some significant decisions by December 1 regarding which employees will need to be reclassified, how to transition those employees from exempt to nonexempt, and how to manage the risk of liability. In this course, attorneys John Ho and Brian Schaffer discuss these regulations and the best ways in which employers can proactively respond.
John S. Ho exclusively represents employers and regularly handles wage and hour matters involving federal and state regulations, including the Miscellaneous Industries Wage Orders, the Hospitality Wage Order, and the Occupational Safety and Health Act, as well as discrimination claims, workplace investigations and arbitrations. John has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by independent contractor issues with New York unemployment filings.
As a prosecutor with the U.S. Department of Labor, Office of the Solicitor, John was part of a litigation team that recovered approximately $4 million under the FLSA on behalf of New York State Environmental Conservation Officers. While at the DOL, he also received a commendation from OSHA’s regional administrator for his prosecution of a discrimination complaint under the Surface Transportation Assistance Act.
John is a founding member of the Wage and Hour Defense Institute, and he frequently lectures on FLSA, OSHA and Labor Department audits. He has also taught Business and Employment Law at the Pratt Institute and the New School.
John also writes extensively on labor and employment law. He is currently the co-editor of the American Bar Association Labor and Employment Law Section Electronic Newsletter. He was a contributing editor to The Fair Labor Standards Act, 2002-2005, Cumulative Supplement, published by BNA Books, and served on the editorial staff for both the 2006-2010 and 2011-2015 editions. John was also the author of “Ask the Experts” in HR Now, the publication of the New York State Society for Human Resource Management, and was co-author of the Construction Safety Software Corporation’s Monthly Safety Newsletter from 2009-2011.
John is frequently asked to comment on labor and employment issues and has been quoted extensively in the Long Island Business News, Newsday, the Daily Labor Report and the Employment 360.
Brian Schaffer is a partner at Fitapelli & Schaffer who is widely recognized as being among the top employment lawyers in the country. An aggressive litigator, he handles class and collective actions for employees as well as consumers. He has been appointed class counsel on a number of high profile cases, most recently in a matter that resulted in a $15.6 million dollar recovery for our clients.
Mr. Schaffer is a former Judicial Clerk in Kings County who began his legal career at one of the largest music publishing companies in the country, drafting contracts for artists and executives. Thereafter, he transitioned to a well-known employment law firm located in New York’s financial district. During his tenure there, he litigated against some of the largest companies in the United States, advocating for those who were sexually harassed, discriminated against and wrongfully terminated. He also represented the interests of well-known sports figures, including several PGA golfers.
Mr. Schaffer’s handling of many high profile cases has resulted in his frequently being quoted in national publications and appearing on television. Recently, CBS Eye on America sought Mr. Schaffer’s opinion for a full segment covering a sexual harassment case filed against the United States Postal Service.
Mr. Schaffer received his undergraduate degree in Philosophy, Politics and Law from Binghamton University and earned his Juris Doctor from New York Law School, where he was on the Dean’s List. He is licensed to practice law in New York State and the United States District Courts for the Southern, Eastern, Northern and Western Districts of New York and the United States Court of Appeals for the Second Circuit. Mr. Schaffer is a member of the American Bar Association, New York County Lawyers Association and the National Employment Lawyers Association (NELA) of New York. Mr. Schaffer is often asked to speak and provide his opinion on matters relating to employment law and class action practice. Recently, Mr. Schaffer has been a panelist for wage and hour law CLE programs for NELA and the New York County Lawyers’ Association.
Super Lawyers Magazine has repeatedly named Mr. Schaffer to its list of Rising Stars as one of the top attorneys in New York. Less than 2.5 percent of the lawyers in New York are selected to this list each year.
I really liked the two opposing sides presenting the issue. Very interesting and valuable. Thanks
Well presented and very informative. Much prefer these type formats for online MCLE classes. Single presenter who just reads a script is very difficult to endure. Both presenters here knew their topic well and presented it well.
Very entertaining - I liked the plaintiff/defendant sided both represented.
I liked hearing both perspectives. Very good.
excellent rapport between the two opposing sides!
Good program. Very knowledgeable presenters.
Good Approach and presentation
The 'back and forth' between these 2 with different views made the course more interesting.
good content good banter
I really liked hearing the perspectives from both the plaintiff-attorney's side and the defendant-attorney's side. The presenters worked well together to present a full picture.
Excellent materials and knowledge base for a tricky subject. Extremely helpful presentation.
Excellent presentation of complex issues
Presentation was exactly as described. Well done job; especially helpful for those of us not primarily focus on employment law.
Excellent presentation. In-dept overview and discussion about areas presenting significant liability pitfalls for clients and lawyers alike.
Helpful information on a current and pressing issue
Very good faculty!
Very timely presentation.
great job!!!! Thank-you
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