Are administrative assistants exempt or non exempt?
Further, the FLSA regulations clearly state that executive or administrative assistants will only qualify as exempt if they assist “business owners or senior executives of large organizations.” Thus, if the administrative employee is one of several assistants in the office performing general administrative duties and …
Can office managers be exempt?
In general, the office manager is often responsible for and credited with keeping the entire office running smoothly. Because of that, the position is often classified as exempt from overtime.
What are the FLSA exemption tests?
Currently, in order to be exempt from the FLSA, a position must generally satisfy three tests: (1) perform exempt duties, (2) be paid on a salary basis*, and (3) be paid at least $455/week. It’s the last of the three tests that is changing.
Are HR professionals exempt?
Federal Judge Finds HR Manager Properly Classified As Exempt Employee. As Human Resources professionals already know, running an HR department – or fulfilling the HR function on one’s own – is an integral component of administering an employer’s business.
Can an admin be exempt?
The administrative exemption is the rule under state and federal law that California overtime laws do not apply to administrative employees. An exempt administrative employee must: Primarily perform administrative duties, Regularly exercise discretion and independent judgment, and.
What are the exemption tests?
The “salary test” required for exempt employees provides that the full weekly salary be paid for any week in which any work is performed, with only very limited exceptions. As a result, deductions from the salary of an exempt employee are limited.
What qualifies administrative exemption?
An exempt administrative employee must: Primarily perform administrative duties, Regularly exercise discretion and independent judgment, and. Earn a monthly salary of at least twice the minimum wage for full-time work.
What is an administrative exemption?
The administrative exemption under the Fair Labor Standards Act (FLSA) is one of the classifications of jobs that are excluded from minimum wage, overtime regulations and other rights and protections given to nonexempt employees. Misclassifying employees as exempt is a common FLSA violation.
What is FLSA duty test?
Duties Test – In California, the duties test is interpreted to mean that the employee must be performing exempt level work more than 50% of the time in the workweek. It is not determined by the job title or by the job description.
Who qualifies for administrative exemption?
Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684* per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive.
What does it mean to be exempt from FLSA?
Being “exempt from the FLSA” means that an employee is not legally entitled to overtime pay, no matter how many hours he or she works. The federal Fair Labor Standards Act (FLSA) sets the laws for which workers qualify for extra hourly pay once they have worked 40 hours during a workweek.
When is an employer exempt from FLSA?
Your employer may have classified you as an exempt employee. According to the Wage and Hours Division of the U.S. Department of Labor, only “bona fide [genuine] executive, administrative, professional, computer, and outside sales employees” who meet certain requirements are exempt from the minimum wage and overtime requirements of the FLSA.
Who are exempt employees under FLSA?
Employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA) include salaried professionals who earn more than $23,660 a year as well as some farmworkers, drivers, drivers’ helpers, loaders, mechanics, salespeople who earn commission, seasonal employees, and recreational employees.
Does FLSA cover exempt employees?
FLSA EXEMPT: Unlike non-exempt workers, FLSA coverage does not protect exempt workers. Employers pay exempt employees for the job they do, not the hours it takes them to do the work.