FLSA Administrative Exemption

The administrative exemption is perhaps the most difficult FLSA exemption to apply because many of the key terms that are used in deciding whether an employee qualifies are open to interpretation. In short, administrators help a business to run. But not all administrators will qualify for this exemption. To be exempt, an administrator must be relatively independent and perform work that is vital to his or her employer's success.

For example, administrative assistants to senior-level executives who have been delegated authority over significant matters will usually qualify, but lower-level administrative assistants who support mid-level managers or are responsible for tasks such as data-entry, filing or typing will most certainly not. Download our "How To" for step-by-step instructions you can use to determine whether an employee qualifies for the administrative exemption.

How to Determine if an Employee Qualifies for the Administrative Exemption

Author: Michael Cardman, XpertHR Legal Editor, and Allen S. Kinzer, Vorys, Sater, Seymour & Pease LLP

This "How To" covers the following steps:

  • Step 1: Make Sure the Employee Performs "Office or Non-Manual Work"
  • Step 2: Confirm the Employee’s Work Is "Directly Related to Management or General Business Operations"
  • Step 3: Check that Administration Is the Employee’s Primary Duty
  • Step 4: Be Sure the Employee Exercises "Discretion and Independent Judgment"
  • Step 5: Confirm that the Employee’s Decisions Involve Significant Matters
  • Step 6: Check That the Employee Is Paid on a Salary Basis
  • Step 7: Consult an Attorney or DOL if the Employee Doesn’t Clearly Satisfy All the Requirements
  • Step 8: Fulfill Recordkeeping Requirements and Memorialize the Classification