Under the federal Fair Labor Standards Act (FLSA), employers are required to pay certain “non-exempt” employees for their overtime work. However, determining which employees are non-exempt—and which job duties make an employee exempt from this law—can be extremely difficult.
This is especially true for administrative professionals, who may be classified as either category depending on their specific role and its responsibilities. At Donati Law, PLLC, our employment attorneys can help you decipher the FLSA rules regarding exemptions, and we can also help you fight for your rights if you’re entitled to overtime pay.
What Is the Administrative Exemption?
The FLSA covers many different types of employees, ensuring that they receive overtime pay, minimum wages, and other basic employment protections. Because of the nature of certain jobs, however, the FLSA does not cover everyone equally.
If you make under $23,600 a year or get paid on an hourly basis, you will likely be considered a non-exempt employee, regardless of what you do for your employer. But even if an employee is paid on a salaried basis above the $23,600 threshold, there are only three additional categories of job duties that will render that employee exempt from FLSA coverage: Executive duties, professional duties, and administrative duties.
I Perform Administrative Duties. Do I Qualify as Exempt?
In order to qualify for the administrative exemption, your primary job duty must be performing office (or non-manual) work that directly relates to general business operations, and you must exercise independent judgment and discretion on “matters of significance.” Due to the wide range of administrative jobs out there, you’ll have to take a close look at your day-to-day duties to see if you qualify as exempt.
As an example, an administrative assistant who primarily helps with tasks around the office and does not make major decisions will probably be classified as non-exempt—meaning that he is entitled to full FLSA coverage and overtime pay. On the other hand, an office administrator with the power to influence operational practices or negotiate for a new building lease will be classified as exempt under FLSA.
Representing Non-Exempt Administrative Employees
Although it can be tough to determine whether you classify as non-exempt or exempt in an administrative capacity, your employer is still required to pay you appropriately for your work. If you believe that you have been misclassified as exempt and required to work unpaid overtime, reach out to our skilled FLSA attorneys at Donati Law, PLLC. Because we only represent employees and never employers, you can trust that we’ll give you the compassionate counsel and legal guidance you need to fight for your rights.
Call (901) 209-5500 for a prompt response from our Memphis legal team!
