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Commensurate Wage Compliance Training

   HRCI Approved for 13 hours of Credit

 

Mark Knuckles Associates, Inc. (MKAI) is recognized nationally as an expert with the Fair Labor Standards Act and Title 29 CFR Part 525, the commensurate wage law. MKAI has conducted more compliance audits of CRPs, workshops, work activity centers than all other consultants combined. The associates not only know the law, they know your industry and your compliance burden. Don’t miss this opportunity to tap the unmatched experience and knowledge of the FLSA and Part 525 that is available in this conference. No other commensurate wage training compares - not even the training offered by the Wage Hour Division and national associations. You will not find another source that provides the depth of knowledge and the insight into compliance as it relates to your needs. You will quickly see why attendees rate MKAI conferences as the absolute best they have ever attended - hands down! Act now while the conference is in your area.

Where these questions answered at you last training.....What can I do if an investigator comes to my center? How can I get better prevailing wage survey responses? What credits can I claim toward back wages? Can I get an investigation rescheduled?

The Presenters

 

 

Mark Knuckles, SPHR

Mark, a former U. S. Department of Labor investigator and sheltered workshop specialist, investigated employers under the FLSA and government contract laws. He knows the FLSA from the enforcement side. While with the USDOL, Mark successfully obtained litigation in Federal Court against a sheltered workshop. He prepared cases for litigation and testified in Federal Courts and Administrative Law Judge hearings. He reviewed certificate applications while on assignment in the USDOL Regional Office and was selected to conduct Section 14c training for the region. He knows what your burden of proof is!

Mark received DOL awards for his investigative work. Mark has been introduced as an “FLSA authority.” He is a recognized authority with commensurate wages, and group home on-duty sleep time issues. Clients include public and private CRPs (workshops), for profit and not-for-profit, state rehabilitation agencies, state and local MH/MR/SA programs, group homes, city and county governments, savings banks, restaurant chains, accounting firms, ICFMRs, manufacturing employers and others. Mark developed and published the only commensurate hourly rating method ever approved by a USDOL, Administrative Law Judge. His commensurate wage compliance methods and forms have won the praise of Wage Hour investigators across the country. Mark has earned the Senior Professional in Human Resources by the Human Resource Certification Institute a division of the Society for Human Resources Management.

Patricia Craft, J.D.

Pat, a management consultant with Mark Knuckles Associates, Inc., is a former Senior Trial Attorney with the USDOL, Office of the Solicitor. She was lead counsel on precedent setting cases, bringing actions against employers charged by the Wage Hour Division with violating the FLSA. She litigated cases dealing with employment relationship of trainees, minimum wage, overtime, child labor, government contracts, record keeping and employment discrimination. While an attorney for the USDOL, Pat taught investigation and litigation techniques to USDOL investigators and attorneys. She is an attorney, a member of the Georgia Bar, who has handled and litigated employment discrimination and labor law related matters exclusively since 1980. She has 11 years as a DOL attorney, 11 years with MKAI and a total of 28 years of FLSA experience. Pat prepares responses to the USDOL, Wage Hour Division, on behalf of our clients and is on site during Wage Hour Division investigations including Section 14 commensurate wage audits. She reviews WH-226 applications for special minimum wage certificates and responds on behalf of programs when the application is challenged by the USDOL Chicago office. No organization has paid back wages as a result of her review and instruction with the special minimum wage certificate application. She is the most knowledgeable attorney in the U.S. with the Section 14c commensurate wage law. She presents compliance training with commensurate wage, prevailing rate surveys, time studies, hourly ratings and general wage hour and EEO laws. Pat also conducts work place employee conduct investigations and wage hour and EEO compliance audits. Pat graduated from the University of Georgia magna cum laud, where she also received her law degree, Phi Beta Kappa.

Topics Covered

 

 

 

Fair Labor Standards Act Principles and Basic Concepts

Current USDOL Enforcement Strategies, Procedures, and Investigations

Difference Between the Law and DOL Preferences

Which Employers are Subject to the FLSA

Which Employees are Covered by the FLSA

Who is an Employee, Unpaid Volunteer, Independent Contractors

When Can Client/Consumer Workers Volunteer Without Pay

Welfare to Work Participants, Staff Volunteers, School Transition Students

Compensable Time Under the FLSA, Engaged in Waiting/Downtime, New Ruling

from the U.S. Supreme Court regarding “Principal Activities,” Travel

Time, Fire and Weather Drills, Employee Meetings, Client Worker

Meetings, Fund Raising Events, Booths at Fairs, Vacation Trips, Waiting

on Quality Checks, Production Line Waiting, What and When to Pay

What are Compensable Work, Non-work Activities, Crafts, Art - Paid or Non Paid

Who is Exempt From the FLSA, Salaried Staff, Agriculture, Transportation, Newspaper Delivery

What is a Commensurate Wage

How to Stop Playing the Five-Place “Decimal Dance”

Prevailing Rate Surveys that Comply - How Many to Ask - What to Ask - What Not To Ask

The Best Time Study Method You Should Use - What You Should Not Use

Demonstration of Time Study

Piece Rates and Allowances - What do they cover?

Why Pre-Determined Time Systems May Result in Violations and Back Pay

Hourly Rating Processes that Comply - What Is the Job, the Whole Job

Demonstration of Hourly Standard

Why Hourly Ratings are NOT Time Studies

How to Measure the Cognitive Requirements in Hourly Ratings

DOL Suggested Methods - “The Good, the Bad, the Ugly”

How to Complete the Special Minimum Wage Application

What To Do If Chicago Calls

Required Records & Documentation for Staff & Consumer Workers, Form I-9s

Child Labor Restrictions, School Transition Programs

Federal Contract Work Compliance Issues

Consumer Workers and the Family and Medical Leave Act

USDOL Investigations - How they are Conducted - How to Prepare

Why Most Back Wages Charged Are Not Owed

Wage Credits You Can Take Toward Back Wages and How to Claim Them

What is the Statute of Limitations

Civil Money Penalties

Worse Case Scenarios, Litigation, Revocation of the Certificate, Appeal Rights

Who Should Attend

 

 

 

 

CEO’s CFO’s                                               Executive Directors                       Administrators/Business Managers

Payroll Supervisors                                       Compliance Specialists                 Assistant Directors and Management Team Members

Center/Facility Plant Managers                      State Program Supervisors            Work Activity Programs for Participants With Disabilities

Staff Responsible for Volunteer Nonpaid          HR and Personnel Directors          MH Day Treatment & “Club House” Directors

MH/MR/SA Area Program Specialists            Program Directors/Managers         Staff Responsible for Completing & Submitting Certificate Renewal Applications

This conference is essential for CEOs, Executive Directors, HR Directors and management team members. It is not just about “methods.” The conference teaches the compliance concepts and principles which top management must understand to maintain a “no violation” history with the USDOL. The conference will change the way your organization thinks about FLSA compliance. In response to requests of attendees, we have extended this conference to two full days. The training includes more in-depth instruction with time studies. We are also including a time study demonstration setting piece rates and a demonstration setting a standard for hourly commensurate rates. Extensive experience of the presenters is the difference. The presenters know and have enforced the law. They are recognized as FLSA and commensurate wage experts. They interface with DOL everyday helping programs defend their renewal applications, methods, and practices. MKAI knows what you are up against and what you must do to avoid investigations and back wage assessments.

General Information

 

 

 

Agenda

Your Conference Fee Includes:

Two days of instruction (over 13 hours of instruction)            Continental breakfast both days            Lunch on day one

Comprehensive conference manual with Guide & Regulations            Complete form set per organization on CD in Microsoft Excel and Word format Cancellations

Cancelations: Attendee substitutions allowed; Payments are transferrable to another conference site but are not refundable.

Questions about sites or amenities: email james@markknuckles.com

Bring a jacket or sweater as meeting room temperatures are unpredictable

© 2008 Mark Knuckles Associates, Inc. Training conferences and all materials, handouts and presentations are copyrighted and may not be recorded or transcribed. No audio, video, or personal computers permitted. We present ‘live sessions’ only. This conference and accompanying materials are intended as general information only and not intended as legal advice or to answer a specific legal problem. MKAI and the consultants are not engaged in rendering legal advice and do not replace your legal counsel.

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