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Administrative Exemption from Overtime Requirements — Raleigh Wage and Hour Employment Compensation Attorney


Certain types of employees, despite working overtime for their company, are deemed to be “exempt” and are not eligible for overtime benefits from their employer under the Fair Labor Standards Act. Any employee employed at a business in a bona fide executive, administrative, or professional capacity is exempt from overtime requirements. The “administrative” capacity is often confusing for both employers and employees of companies because of the word “administrative.”  That term often is used to refer to clerical work, which is not exempt and is eligible for overtime benefits under the FLSA.  If you have been designated to be an exempt employee and question whether or not that status is accurate, contact the wage and hour litigation attorneys at Maginnis Law, PLLC at 919.526.0450 or submit a new case inquiry here.

An employee is subject to the administrative exemption if they make at least $455 per week; 2) their primary duty consists of office or non-manual work directly related to management or general business operations; and 3) their work involves the exercise of discretion and independent judgment.

There are other employees who would be surprised to learn that under the FLSA, they are performing “admin” work.  Areas where employees may be exempt include if you work in: tax; finance; accounting; budgeting; auditing; insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations, government relations; computer network, internet and database administration; legal and regulatory compliance; and similar activities.  However, those employees must still make at least $455 per week and exercise independent discretion in their jobs.

Your work is not necessarily general business operations if it is indispensable or required by law.  Individuals working on production lines or in sales at a retail establishment may be indispensable but they are not exempt employees.  Also generally exempt are employees whose job is to generate the very product or service that the company offers to the public.

The Fair Labor Standards Act protects employees with disputes with their company or former company relating to minimum wage, overtime, recordkeeping, and youth employment.  The Fair Labor Standards Act, or FLSA, applies to government agencies as well as private companies.  You cannot be terminated for voicing a FLSA related concern even if you merely  informed a supervisor internally.

Overtime is paid at 150% of a party’s normal rate and groups of employees who all should be non-exempt employees may be able to pursue a Fair Labor Standards Act claim together. Contact Maginnis Law, PLLC at 919.526.0450 for more information.  Maginnis Law is a Raleigh civil employment litigation firm with attorneys handling overtime and minimum wage disputes in Cary, Apex, Morrisville, Wake Forest, Holly Springs and the rest of Wake County. The firm also can handle federal disputes under the FLSA throughout the entire Research Triangle area, including Granville, Franklin, Durham, Orange, Clayton, Johnston, Harnett and Chatham Counties.

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