NT Lakis attorneys are pleased to present the second guide in our three-part series focused on the so-called “white-collar” exemptions under the federal Fair Labor Standards Act (FLSA). This part II discusses the “administrative” exemption.
As we noted in part I on the executive exemption, whether an employee satisfies the duties of an exempt executive, administrative, or professional employee is one of the most common bases for FLSA lawsuits alleging failure to pay overtime. Thus, it is important for human resources personnel to understand the white-collar exemptions and how an employee’s job duties can determine whether he or she is eligible for overtime pay.
Please keep in mind that this overview is intended to be informational only and is not intended to convey legal advice. Matters involving FLSA compliance are often quite complicated and very fact-specific. In addition, there may be state and local laws that impose different requirements. Accordingly, this is an area where the advice of legal counsel should be solicited promptly when questions arise.
We also prepared an accompanying Administrative Exemption Checklist, as well as a one-page infographic on the administrative exemption.
Members of the Equal Employment Advisory Council (EEAC) can read more here.