To be “administratively” exempt from overtime, in addition to being paid appropriately on a salary or fee basis, an employee must perform office or non-manual work directly related to the management or general business operations of his or her employer, with a primary duty which includes the exercise of discretion and independent judgment with
office or non-manual work
Two Circuit Courts Expansively Interpret The Administrative Exemption
By Noel P. Tripp on
Posted in Exemptions
The applicability of the FLSA’s “administrative” exemption continues to be a primary issue in a significant percentage of the cases comprising the ongoing wave of wage and hour litigation. Recently, two appellate courts, the Courts of Appeals for the Seventh and Third Circuits, issued new opinions endorsing a broader interpretation of this exemption.
In Verkuilen v. …