In addition to meeting the salary requirements discussed above, you must also meet all of the following tests to be considered exempt:
- The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
- The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. 29 C.F.R. § 541.200
29 C.F.R. § 541.200
In the field of overtime law, administrative exemption is one of the most common mistakes employers make. By classifying someone as a salaried employee, many companies are under the mistaken belief that under the Fair Labor Standards Act (FLSA) that is all that is needed for an exemption status under FLSA. Frequently, workers who are FLSA nonexempt do not have the benefit of talking to a lawyer to determine if they are entitled to overtime.
If you think you may be misclassified as exempt, or want to determine whether you are exempt or non-exempt, please contact the Tran Law Firm by filling out our online questionnaire or by calling 713-223-8855.