The FLSA Administrative Exemption: What Is It?
And Are You Being Misclassified?
The Fair Labor Standards Act (FLSA) establishes certain rules with regard to worker protections, including minimum wage and overtime pay standards for both government and private-sector employees. However, not all employees qualify for these protections. There are a number of exemptions, and one of those is the “administrative exemption.”
The administrative exemption is supposed to apply to employees who perform a white-collar, administrative function in their company. But it is not unusual for employers to improperly classify employees under this and other exemptions so they don’t have to meet FLSA requirements.
Here’s how to tell whether you qualify for the administrative exemption—or if your employer is misclassifying you so they can deny you overtime pay and other protections.
What Positions Fall Under the Administrative Exemption?
Under FLSA rules, employees qualify for this exemption when they meet all of the following qualifications:
They make a salary of at least a certain threshold. As of this writing, at the federal level the threshold is $684 per week.
They perform exempt job duties. While job descriptions may vary and not all jobs fall neatly into this description, usually the primary job duties include:
- Performing non-manual office work with direct significant impact on the company’s management and operations.
- Exercising independent judgment in the course of their job.
- Supporting production or business operations without being directly involved in production or sales in a hands-on way.
Is Your Employer Misclassifying You?
Job titles that qualify for the administrative exemption often fall under human resources, payroll, marketing and public relations, benefits management, and administrative positions. However, a job title does not, in itself, qualify an employee for the administrative exemption.
In fact, employers sometimes give employees titles such as “administrator” or “coordinator” to make the job sound as if it meets the requirements for the administrative exemption, when it doesn’t.
If you believe your employer is misclassifying you under the administrative exemption, you should speak to a qualified employment lawyer.
Your lawyer can help by assessing the situation, determining whether you are being misclassified, and helping you gain restitution in court. Call us at 267-273-1054 or email us at email@example.com for a free, confidential consultation today.
The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.