Often employers misclassify administrative employees such as executive assistants, secretaries, and administrative assistants as exempt from the overtime pay laws under the administrative exemption. However, employers fail to realize that most ordinary administrative duties are not significant enough to rise to the level required by the administrative exemption. Just because an employee does administrative work does not mean that they are “administratively exempt” under overtime rules.
the employee can deviate from established policies without prior approval.
The level of importance or consequence of the work will determine whether it is a matter of significance. * The Department of Labor under the Obama Administration increased this salary amount to $913 per week effective 12/1/2016; however, this increase was blocked by a court ruling. The Trump Administration is now reconsidering these changes and appears to favor a lower minimum salary amount. Please see this page for the latest updates.
If you are an administrative employee and believe you may have been misclassified as exempt and deprived of overtime pay that is rightfully yours, please Contact us for a free and confidential review of your circumstances.