We have an executive secretary that works for the company's vice president and I don't know wheter we have correctly classified her as exempt. Can you help?
To qualify for the administrative exemption under FLSA, several tests must be met. Make sure she meets all the tests before classifying her as exempt. Also, check your state rules, which may be stricter. The federal Department of Labor has a fact sheet on the administrative exemption that includes the tests and other information (http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm). I hope it helps.
An executive assistant to a business owner or senior executive of a large company is exempt if the employee, without specific instructions or prescribed procedures, has been delegated authority regarding matters of significance - according to the 2004 regs.
Comments
must be met. Make sure she meets all the tests before classifying her as exempt. Also, check
your state rules, which may be stricter. The federal Department of
Labor has a fact sheet on the administrative exemption that includes the tests and
other information (http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm).
I hope it helps.
Hi - There's a good analysis in this opinion letter from the DOL. It compares job duties of executive assistant and administrative assistant.
http://www.dol.gov/esa/whd/opinion/FLSANA/2006/2006_10_26_23NA_FLSA.pdf