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Don’t let your employer deny you overtime if you're an administrative assistant

For example, your job description might differ from your actual duties while on the clock. The Houston, Texas overtime lawyers at Kennedy Hodges, LLP want to remind Texas administrative assistants, office clerks, and any other workers who perform administrative tasks to question why they are denied overtime.

It is not unusual for employees to trust the decisions made by their employers. But with the decision to deem you exempt from overtime pay - a choice that could end up costing you thousands of dollars - it is worth double-checking to make sure that your employer is correct. Your employer has the burden of proof to show the reasons why you should be exempt. If he or she is not paying you the overtime that you are entitled to as a Houston administrative assistant, then the company could be violating the Fair Labor Standards Act.

As we discussed in our article on the Administration Exemption, in some instances administrative assistants and other office personnel could in fact be exempt from overtime pay if they meet all of the following criteria:

1. The employee is paid at least $455 per week.

2. The employee's primary duties are directly related to the general business operations of the company.

3. The employee's duties require exercising discretion and judgment.

4. The employee's primary duties are directly related to academic training or instruction in an educational institution.

The reason why so many administrative assistants are told that they are exempt from overtime is because they fail to dissect number three and find out exactly how their duties should be characterized.

For example, you would most likely be exempt, making you ineligible for overtime, if the majority of the time your duties really are administrative. Administrative tasks include advising management, purchasing, promoting sales, handling employee benefits, labor relations or public relations, quality control, or advertising, among others. Most administrative assistants do not handle these tasks, since there are specialized positions for them.

But what employers fail to recognize is that even though they are employing an "administrative" assistant, not all of his or her tasks are considered administrative. Bookkeeping and clerical duties, like taking messages, making copies, and scheduling appointments, are not considered administrative tasks; they are routine or structured tasks that would allow the assistant to be eligible for overtime.

Does this sound like you? If so, we'd like to help. Order your free copy of the Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim from Kennedy Hodges by calling 888.449.2068. Or you can fill out our online form to set up a free case evaluation immediately.