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DTSTART;TZID=America/New_York:20260520T120000
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UID:10000536-1779278400-1779282000@nala.org
SUMMARY:Wage and Hour Issues
DESCRIPTION:Pittsburgh Paralegal Association\nOUTLINE AND DISCUSSION POINTS FOR PRESENTATION\nPoints under the Fair Labor Standards Act:\n• Many employees are misclassified and deemed exempt by their employer. An exempt individual is not entitled to many wage and hour protections\, most importantly overtime wages. If an employee is not exempt\, they are covered by the Fair Labor Standards Act and must receive time and a half for all hours worked over 40 hours per week.\no It is important to note that this applies to all hours worked (vacation time will not count)\nSupervisory Employees\nOne place we see this most is when employees are classified as supervisory employees. Employers argue that supervisory employees are not entitled to wage and hour benefits. However\, employees can be misclassified in instances where they may have a manager title but actually perform no managerial duties. Exempt supervisory employees must pass both the salary and duties test to be considered exempt. As of January\, the new annual salary threshold for exempt positions is $58\,656.\nThe duties test is used to determine whether employees who earn at least the salary threshold are exempt. It focuses on employees in the following categories (1) executive (2) administrative (3) professional (4) computer and (5) outside sales.\n1. Executive Employees: The executive employee exemption states that an employee’s primary job duty must be managing the company\, the employee must regularly direct the work of 2 or more full time employees\, and the employee must have the authority to hire/fire.\n2. Administrative Employees: For the administrative employee exemption\, the employee’s primary job duty must be office/non-manual work and the employee’s primary responsibilities must include exercising discretion and independent judgment regarding significant matters. The administrative employee exception is the most litigated because the facts are most unclear. They usually turn on the independent judgment factor.\n3. Professional Employees: The professional employee exemption is broken into two sub-parts: learned professionals and creative professions. For learned professionals\, the employee’s primary job duty must involve work requiring advanced knowledge and the advanced knowledge must be acquired through prolonged intellectual instruction. For creative professionals\, the employees’ primary job duty must involve work requiring the imagination\, invention\, originality\, or talent in a recognized artistic or creative field.\n4. Computer employees: The computer employee exemption requires that the employee work as a skilled professional in the computer field and that the employee must perform the primary duties outlined in the FLSA including tasks related to analysis\, design\, development\, documentation\, creation\, and testing of computer systems/programs. \n5. Outside Sales Employees: Lastly\, the outside sales employee exemption states that the employee’s primary job duty must be making sales\, securing orders\, or contracts for services or use of facilities and the employee must customarily and regularly work away from the employer’s place of business.\nIndependent Contractor vs. Employee\nAnother place that we commonly see wage and hour violations is when an person was misclassified as an independent contractor when really\, they should have been classified as an employee. If someone is classified as an independent contractor\, they will not receive certain wage and hour benefits such as overtime compensation. However\, it is very common for employers to misclassify people as independent contractors\, when they are really employees\, to avoid complying with wage and hour laws.\nCourts look at a variety of factors when ruling on whether someone is an independent contractor vs. an employee. These factors include (will go into depth on each):\n1. Opportunity for profit or loss depending on managerial skill\n2. Investments by the worker and the potential employer\n3. Degree of permanence of the work relationship\n4. Nature and degree of control\n5. Extent to which the work performed is an integral part of the potential employer’s business\n6. Skill and initiative. \nImportant things to look out for/be aware of:\n• Healthcare Benefits\no Other important things to look for are complaints of individuals not receiving the healthcare benefits that were promised by their employers.\no In Pennsylvania\, healthcare is considered wages and failing to provide it could arise to a wage and hour violation. Further\, another red flag to look out for is when an employee is paid hourly yet their employer is telling them they are not entitled to overtime pay.\n• Non-retaliation sections of the law\no Both the Pennsylvania Wage Payment and Collection Law as well as the FLSA have anti-retaliation provisions. If an employee complains about not being paid\, they cannot be retaliated against. Same goes for employees who file lawsuits under the wage and hour laws but are still employed.\n• Liquidated damages and attorney’s fees\no Under Pennsylvania Law\, you are not only entitled to the wages that you are owed but you are also entitled to liquidated damages. Under the law\, liquidated damages are either 25% of the owed wages or $500 whichever is more. \no Under the Fair Labor Standards Act\, liquidated damages are 100% of what you are owed under the act. You can also get attorney’s fees under this law.\no Attorney’s fees must be reasonable\, but they would be feed\n• Protected activity\no Talking about wages among coworkers is a protected activity and they cannot fire/discipline employees for doing so.\n• What about non-payment? i.e.\, when an employee doesn’t receive a paycheck despite working.\no Employees are entitled to all wages for hours worked.\n• Advantages of Pennsylvania wage laws vs federal\no Pennsylvania wage and hour laws are more progressive. Pennsylvania for example does not adhere to a flexible work week. \nSession Agenda: Wage-and-Hour-Summary.pdf \nCLE Hours = 1 Substantive
URL:https://nala.org/event/wage-and-hour-issues/
LOCATION:Virtual
CATEGORIES:Affiliated Associations CLE
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DTSTART;TZID=America/New_York:20260520T120000
DTEND;TZID=America/New_York:20260520T130000
DTSTAMP:20260522T131405
CREATED:20260504T163451Z
LAST-MODIFIED:20260504T163451Z
UID:10000601-1779278400-1779282000@nala.org
SUMMARY:What Every Paralegal Should Know About Employment Discrimination Cases
DESCRIPTION:Paralegal Association of Florida\nWhen a new employment discrimination case comes in\, the first steps can make or break the matter. This CLE will equip paralegals with the practical knowledge to spot critical issues early — from missed deadlines and procedural traps to intake red flags and the nuances of managing client expectations. Using real-world scenarios across Title VII\, the ADEA\, and the ADA\, attendees will leave with a sharper eye for the details that attorneys depend on their paralegals to catch. \nLearning Objectives: \n1. Identify key intake an investigation pitfalls.\n2. Apply statute of limitations and procedural requirements.\n3. Recognize common employer defenses. \nCLE Hours = 1 Substantive
URL:https://nala.org/event/what-every-paralegal-should-know-about-employment-discrimination-cases/
LOCATION:Virtual
CATEGORIES:Affiliated Associations CLE
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DTSTART;TZID=America/Detroit:20260520T130000
DTEND;TZID=America/Detroit:20260520T161500
DTSTAMP:20260522T131405
CREATED:20260206T212017Z
LAST-MODIFIED:20260206T212017Z
UID:10000491-1779282000-1779293700@nala.org
SUMMARY:Real Estate Closings for Paralegals: Step by Step
DESCRIPTION:From client intake to post-closing tasks\, each step of the real estate closing process requires preparation and careful attention to detail. In this intro course\, our esteemed faculty provides you with the confidence you need to navigate real estate closings with ease. Come away with step-by-step guidance and insider tactics that simplify each phase of the process. Register today! \nPick up tips and tricks for streamlining client intake and file setup.\nUncover guidance for preparing closing documents for attorney review.\nDemonstrate best practices for handling post-closing duties. \n  \nCLE Hours = 3 Substantive           
URL:https://nala.org/event/real-estate-closings-for-paralegals-step-by-step/
LOCATION:Virtual
CATEGORIES:Third Party CLE
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