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hard-working employees performing "administrative" duties are told by their employers that they are not entitled to overtime as administrative assistants due to the Administrative Exemption under the Fair Labor Standards Act.
This is not always the case.
The Department of Labor (DOL) defines an administrator as a person whose work is "directly related to the management or operations of the business." Here are some common fields of work that the DOL lists as "administrative:"
Just because you may work in these areas does not mean that you have to forfeit your right to be paid overtime for all of the long, hard hours you have put in at your job.
Even if on paper you fall under the Administrative Exemption, that calls for an employee to:
(A) make at least $455 per week,
(B) have his or her primary duty be directly related to the operations of the company, and
(C) exercise discretion and independent thought.
You still may be entitled to overtime. It all depends on the percentage of time you spend performing the above duties. Many administrative assistants and office clerks can still earn the extra pay, because they do not spend more than 50% of their time performing tasks directly related to the operations of the employer or the employer's customers.
For example, you may be the administrative assistant to the CEO of a company, but how often are you exercising discretion? The decisions you are making could easily just be putting your strong experience and skill to work, not going outside of the box to use your authority. And if half the time you are scheduling meetings and arranging for dry-cleaning pickup, your duties may not be directly related to the operation of the company.
The best thing that you can do for yourself and your paycheck is to ask a lawyer to evaluate your position. Let the Houston overtime wage lawyers at Kennedy Hodges, LLP provide you with a free case evaluation. They can also provide you with a free copy of their book, Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim . Call 888.449.2068 to get your fair wages today.