Overtime Exemption and Administrative Employees

Attorney Richard Celler

 

To be considered an administrative employee, an individual must, one, perform office or non-manual work that is related to management of the company or the general business operations of the company.  And two, regularly exercise “independent discretion and judgment” with regard to matters of significance.

Generally, employees who fall within the following categories are considered to be administratively exempt.  Insurance claims adjusters, human resource managers, computer network administrators, financial service providers and management consultants.

On the other hand, clerks, examiners, graders, finance product salespersons, manager who do not supervise employees and processors may or may not be considered administratively-exempt employees.

Remember this:  If your job is produce or make the actual product that your employer sells, there is a strongly likelihood that you are not administratively exempt, and you will be entitled to recover your overtime compensation.

 

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