New York Executive Exemption Violations Lawyer

Executive 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. non-exempt employee is the executive exemption.

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

Leeds Brown Law, P.C., has extensive experience in handling employment disputes. Such employment disputes consist of FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or non-exempt status, including the inappropriate application of an executive exemption. Our efforts have resulted in millions of dollars in monetary and non monetary compensation for employees throughout Long Island and New York.

Executive Exemptions:

The employee’s primary duties must involve managing the enterprise or a customarily recognized department or subdivision.

  • This may include managers who spend some of their time (less than 50%) on non-executive duties, such as the assistant chief operating engineer or the director of a small program with few employees.

The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent.

  • Consideration may be given to the supervision of full-time positions that are currently vacant but will be filled in the future.
  • Relief managers do not meet the test and are not included.
  • The executive exemption does not apply to the mere scheduling of work of other employees.

The employee has the authority to hire or fire, or the employee’s recommendations as to hiring, firing, promotion or any other change of employment status are given substantial weight.

  • This element includes the authority to make suggestions and recommendations to modify another employee’s job duties and/or position descriptions.

At Leeds Brown Law, P.C., our lawyers have extensive experience in 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 executive 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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