executive administrator in California

Amyl

In the past, my take has been that a true exec. adminstrator, especially one who supports the President or CEO of the company, should fall under the administrative exemption in light of the types of duties that person typically performs -- not just scheduling and answering phones, but analyzing mail, phone calls and email and making decisions re what should go on to the CEO and what should not, deciding who should/should not have personal access, and basically directing the CEO's life. I know I've seen this somewhere before but can't think of where. Any thoughts?

Margaret Morford

The only way I've been able to convince Wage and Hour that an Executive Administrator is exempt is if that individual reported to the CEO and/or Chairman of the Board and had lots of authority to do projects on his/her behalf. If the AA is only typing and answering the telephone, etc., it doesn't matter who it's for. It also bolstered my arguement that there was only one exempt AA in the company. Otherwise, no matter what you call them, they're non-exempt. This is one of the first categories Wage and Hour looks at when it come to do an audit. Hope that helps you.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Amyl

thanks -- unfortunately, we let this group become very highly compensated, so there will be a great deal of pain to pay them overtime at current rates and they won't be happy with the idea of a pay cut.

Rockie

I agree with Margaret. We have only one Executive Assistant in our company and she works solely for the CEO. She has discretionary and decision making powers in his stead. We jumped through hoops to get this position classified as exempt and had it blessed by an attorney.

Cutting these people's salary will make them unhappy, but be prepared that making them non-exempt will make them unhappy also. There seems to be a certain "status" attached to being an exempt person (the freedom of not punching a clock;not being charged for partial days; etc.) You may want to consider "freezing" their salary where it presently falls instead of cutting it, if that's an option.

Good administrative people are difficult to find and can be a very touchy group of people.

Gillian

Assuming that you are covered by one of the 17 California Wage Orders (you probably are)using the administative exemption to cover this person won't fly. In order to be exempt under the administative exemption the person must do work "directly related to management policies or general business operations of the employer or the employers customers" and be "primarily engaged" in such work. Primarily engaged means that the employee must spend 50% of his or her time engaged in "exempt duties, work that is directly and closely related to exempt work or work which is properly viewed as a means for carrying out exempt functions". This is all a bit much but our California Wage Orders are more stringent than the FLSA in many ways and if the duties that you describe can't reach FLSA standards they certainly won't meet ours.