Fixed v. Variable Work Schedules: How to Administer Just-In-Time and On-Call/Reporting Time Policies amid Growing Legislative Push Toward Predictable Scheduling Practices

Duration: 60 Minutes
If you are in the retail, hospitality or food service industry in which workers do not have predictable hours. Besides being at risk for overtime, you are also in industries regularly targeted by the Department of Labor for audits. Once workers are not working a regular 40 hour week and their week varies, questions arise as to how to calculate the workweek and when an employee is entitled to overtime. You cannot rely upon your schedule of employees to accurately determine the number of hours worked.
Employee Overtime Issues
Product ID: 505903
Objectives of the Presentation
Learn answers to the following questions:
  • FLSA and Code of Federal Regulations (CFR) requirements for workweek
  • The problem of a variable workweek and recognized solutions
  • The legislative push for predictable workweek
  • Different types of on call pay under the FLSA and CFR
  • FLSA record keeping requirements common errors and pitfalls
  • Do's and don'ts for calculating compensation under the FLSA
  • Examples of how 'open shift' policies may be updated to 'fixed shift' or 'flex shift'
  • The practical impact a shift from just-in-time scheduling
Why should you Attend
Studies show about 10 percent of the workforce is assigned to irregular and on-call work shift times and this figure is likely low. Add to this the roughly 7 percent of the employed who work split or rotating shifts and there are about 17 percent of the workforce with unstable work shift schedules. Six percent of hourly workers, 8 percent of salaried workers, and 30 percent of those paid on some other basis work irregular or on-call shifts. By occupation type, about 15 percent of sales and related occupations have irregular or on-call schedules. By industry, irregular scheduling is most prevalent in agriculture, personal services, business/repair services, entertainment/recreation, finance/insurance/real estate, retail trade, and transportation communications. These are likely to be jobs that require the payment of overtime. Besides the FLSA nightmare several states some cities and even Congress has introduced legislation to improve the workweek and have more predictability for workers. This in turn leads to greater questions for employees.

Who will Benefit
  • Human Resources
  • CFOs
  • COOs
  • Business Owners
  • Business Executives
  • Compliance Officers
  • Chief Financial Officers
  • Human Resource Professionals
  • Accountants
  • Restaurant Managers
$300
Recorded Session for one participant
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Instructor Profile:
Stuart Silverman has been practicing law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.

Mr. Silverman is also a member of The Workplace Violence Prevention Institute (WPVI), a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.
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