FLSA Overtime Security Advisor

Administrative Employees

Based on your response that the employee does not customarily and regularly perform one or more duties or responsibilities that are directly related to the management or general business operations of the employer or the employer's customers, the employee does not appear to meet the duties tests for exemption as a highly compensated administrative employee. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).

You may want to explore the Executive or the Professional sections for help in determining whether this employee meets the duties tests for exemption as a highly compensated executive or professional employee.

If you have further questions about your situation, you may want to review Fact Sheet #17H:  Highly-Compensated Workers and the Part 541 Exemptions Under the FLSA or contact your local Wage and Hour Division office.

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