SAN DIEGO -- If standing room only is any indication, human resources professionals attending CUNA's HR/TD Council Summit are very concerned about labor law. Nearly half of all 200 attendees crowded into a mini-workshop this morning to hear Palo Alto, California-based attorney Mary LaVigne-Butler discuss current labor law issues.

LaVigne-Butler said misclassification of employees...determining whether they are exempt or nonexempt...has become an even bigger concern for employers than discrimination issues. Outside sales and computer professionals are the most common positions that present misclassification issues.

"If there is any question regarding whether an employee is exempt or non-exempt, err on the side of caution. If it's a close call, the judge will side with the employee," LaVigne-Butler said.

One attendee asked about the continued exempt status of loan officers, given the increased popularity of automated loan approval decision-making. Independent decision making ability is required in order to classify an employee as exempt.

"If that employee no longer has decision making ability, that employee is no longer exempt," LaVigne-Butler said.