What is the Administrative Exemption Under FLSA?

Jan 11, 2023
By Peter Friedmann

The Fair Labor Standards Act (FLSA) is a federal law that grants all non-exempt employees the right to be paid at least the federal minimum wage for all hours worked. It also grants employees the right to overtime pay, which is one and a half times the regular pay rate for all hours worked over 40 hours a week.

The FLSA covers all non-exempt employees – meaning employees who do not fall under one of the “exemptions” outlined in the FLSA. Whether an employee fits into one of the FLSA exemptions depends on the employee’s job duties and rate of pay. 

FLSA exemptions can be a bit confusing. This article will break down one of the most common exemptions – the administrative exemption.

What is the Administrative Exemption Under FLSA?

First, to fit under the administrative exemption, the employee must be paid on a salary or fee basis at a rate of “not less than $684 per week.”

Second, the employee’s job duties must align with the FLSA’s definition of an administrative employee. The job’s “primary duties” must include

  • “the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers”
  • the “exercise of discretion and independent judgment with respect to matters of significance”

Under the FLSA,  “primary duty” is defined as being the “main, major, or most important job duty” that you have as an employee. Primary duties will typically be determined on a case-by-case basis. The FLSA Professional Exemption in Ohio

An important note: an employee’s job title is not the sole determining factor for whether the job fits under an exemption. So just because you may have “administrative” in your job title, does not automatically mean you are exempt under the administrative exemption.

How Do I Pass the FLSA Administrative Exemption Test?

The characteristics discussed above that define what the administrative exemption is also served as the test in determining whether your role is exempt.

To figure out if an employee is exempt under the FLSA exemptions, consider the following analysis:

  1. Salary basis test: If an employee is paid on a salary basis, they must be paid at least $684 per week.
  2. Job duties test: To meet the administrative exemption, the job duties must align with the job duties described by the FLSA for the administrative exemption.

For example, an employee who works as an administrative assistant and whose duties include making important decisions and using their own discretion and judgment related to their employer or employer’s customers may qualify as an exempt employee.

If you are unsure if your job duties qualify you as an exempt employee, consider consulting with an FLSA attorney in Ohio, especially if you believe that your employer has misclassified your role. FLSA classifications can be complicated, and we’re here to help ensure that you’re classified as you should be.

Read our post here to learn more about which employees are exempt from the FLSA’s requirements.

Speak with an FLSA Attorney in Ohio to Determine Your Exemption/Non-Exemption Status

Determining whether you are exempt or non-exempt under the FLSA can be complicated, especially if your employer has misclassified you. Misclassification can occur when your employer lists you as a non-exempt employee when you actually are exempt or vice-versa.

To help determine your FLSA status or if you believe you may have been misclassified, reach out to The Friedmann Firm today! One of our FLSA attorneys in Ohio will be able to work with you to determine your FLSA status by examining your job duties.

You can schedule a free and confidential consultation with us online or over the phone at 614-610-9755.