Are administrative employees exempt from the FLSA?
The duty tests for each of these exemptions can be quite complicated. Each exemption sets forth a three-part test which is briefly outlined below. To qualify for the exemption, the employer must prove that the employee’s primary job duties meet all aspects of the duty test. The term primary job duty generally means activities that encompass fifty percent (50%) or more of an employee’s work time. The primary job duty requirement means that an employer cannot deny an employee overtime pay on the basis of collateral assignments to the employee that may fit within one of the exemptions. ADMINISTRATIVE DUTIES TEST The administrative exemption is limited to employees who make decisions with regard to matters of significance concerning the internal operations of their employer. It is intended to apply to people in jobs such as personnel, labor relations, high level budget analysts, management analysts and other similar types of employees. To be exempt from receiving overtime compensation as a
