Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The FLSA and the NYMA exempt employees who work in a bona fide administrative capacity from the overtime pay requirements.
To meet the Administrative Exemption (and therefore have no entitlement to overtime pay), each of the following must be true:
- The Employee’s primary duty consists of the performance of office or non-manual field work directly related to management policies or general operations;
- The Employee customarily and regularly exercises discretion and independent judgment;
- The Employee regularly and directly assists an employer or an employee employed in a bona fide executive or administrative capacity or who performs under general supervision, works along specialized or technical lines requiring special training, experience or knowledge; and
- The Employee is paid for his or her services on a salary basis of not less than $543.75 per week.
If you believe you have incorrectly been classified as exempt from overtime pay, you should contact one of our NY Overtime Pay Attorneys.