FLSA Overtime Security Advisor

Administrative Employees

You indicated that:

• The employee receives the same amount of pay for each week as a guaranteed salary, regardless of the number of hours or days worked. This amount would yield at least $684 in gross earnings if paid weekly;
• The employee's primary duty is the performance of office or non-manual work which is directly related to the management or general business operations of the employer or the employer's customers; and
• The employee exercises discretion and independent judgment regarding matters of significance when performing his or her primary duty.

Therefore, based on these responses, the employee appears to meet the duties tests to be considered an exempt administrative employee. However, to qualify for exemption additional tests must be met concerning the weekly guarantee of at least $684. You should also review the Compensation Requirements section to determine whether the employee's pay meets the criteria for exemption. 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).

If you have further questions about your situation, you may want to review Fact Sheet 17C: Exemption for Administrative Employees Under the FLSA or contact your local Wage and Hour Division office.

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