Executive Exemption

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.

Español – Exención de Ejecutivo

Contact Leeds Brown Law, P.C. | 800-585-4658.

Free Consultation

  • This field is for validation purposes and should be left unchanged.

Testimonials

Shortly after beginning medical school, I experienced some academic difficulties. After seeing my physicians, I was diagnosed with ADHD. After I started receiving specific treatment for ADHD, I requested the school to accommodate me for the disability as recommended by my physician. One of the requests made was for extended time to take my exams. The extension of time was granted...

~Kenneth Broodo, Esq.

Partner at Gardere Wynne Sewell LLP
I hired Lenard Leeds, Esq. to assist me with my wrongful termination. I was let go of my position because of my age. I was not only told to take a decrease in pay but also required to work fewer hours to do the same job. Additionally, they kept asking me “When are you going to retire?” I visited the...

~SanFranReview

I want to thank you again for assisting me in overseeing my issues with my employer. This is the second time I have used Lenard Leeds, Esq. to fight for me. This time I was a National Sales Manager of a drug company, where acts of discrimination based on my age, national origin and retaliation took place. Mr. Leeds and...

~Law Professor

Discrimination Case

$19 Million

Settlement Secured in a National Origin
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

  • This field is for validation purposes and should be left unchanged.

LONG ISLAND

One Old Country Road, Suite 347 Carle Place, NY 11514

516-873-9550

get directions

DOWNTOWN

570 Lexington Avenue, Suite 1600A New York, NY 10022

212-661-4370

get directions

DOWNTOWN NYC

101 Greenwich Street, 22nd Floor New York, NY 10006

800-585-4658

get directions
Call Now!