- FLSA Overtime Security Advisor
Because you indicated that the employee's primary duty is not office or non-manual work and the employee is not employed in a school or other educational establishment, the employee does not appear to meet the duties tests for exemption as an 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)
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. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.