New York Administrative Exemption Lawyer

Administrative Exemption

Under the Fair Labor Standards Act (FLSA) and New York wage and hour laws, one of the exemptions used when classifying an employee as an exempt vs. nonexempt employee is the administrative exemption.

An experienced FLSA and wage and hour attorney can help you determine whether the administrative exemption applies to you (or whether another exemption, such as the professional exemption or executive exemption, applies to you), or whether you are properly classified as an exempt employee.

Administrative Exemptions:

In order to qualify for an administrative exemption, an employee’s primary duty must be the performance of office or nonmanual work directly related to the company’s management or general business operation. Specifically:

• Work must be directly related to assisting with the running or servicing of the business.
• Duties do not include working on a manufacturing production line or selling a product in a retail or service establishment.

The employee’s primary duties include the exercise of discretion and independent judgment with respect to matters of significance. Specifically:

• The employee has the authority to formulate, affect, interpret or implement management policies or operating practices.
• The employee carries out major assignments in conducting the operations of the business.
• The employee performs work that affects business operation to a substantial degree.

Examples of administrative exemption positions may include legal compliance personnel, computer network administrators, insurance adjusters, financial services employees, executive assistants, human resource managers, purchasing agents and project leaders.

At Leeds Morelli & Brown, PC our lawyers have extensive experience handling employment disputes. Such employment disputes consist of overtime claims and wage and hour law violations, including violations resulting from the improper use of the administrative exemption. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and elsewhere in the New York City metropolitan area, as well as across the country.

We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim. Contact us today to discover how we can help you.

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