| Employees who work more than 40 hours in a | | | | secretaries carrying out these job duties do not |
| single week should be aware of whether they are | | | | meet the provisions of the administrative |
| exempt under overtime law. Exempt and | | | | exemption. Likewise, although many secretaries |
| non-exempt status determines whether an | | | | exercise judgment in their positions, this level of |
| employee is eligible to receive time-and-a-half | | | | judgment must be compared to the importance |
| compensation (1.5 times the regular rate) when | | | | of the entire company. For example, selecting |
| working more than 40 hours a week. Exempt | | | | office supplies would not typically be considered |
| employees cannot receive overtime, while | | | | an important matter when comparing this job |
| non-exempt workers are entitled to overtime | | | | task with those of others in the company. |
| pay. Because some employers are unclear on | | | | 2. Professional Exemption |
| overtime regulations, employees who are aware | | | | To fall under the professional exemption, the |
| of their status can ensure they are receiving the | | | | worker must perform a position requiring |
| pay they deserve under overtime law. | | | | advanced knowledge in the areas of science or |
| For most workers, overtime eligibility is | | | | learning. Professional employees typically have a |
| determined by job duties, how an employee is | | | | specialized academic degree in their field. An |
| paid and how much they earn. Being a salaried | | | | individual whose job requires originality and |
| worker or having a certain job title cannot | | | | imagination in an artistic or creative field would |
| automatically make an employee ineligible for | | | | also fall under the professional exemption. |
| overtime pay. In general, employees who cannot | | | | Teachers, lawyers and doctors may be examples |
| receive overtime must earn at least $455 per | | | | of professional employees. |
| week, be a salaried employee and fall under one | | | | 3. Executive Exemption |
| of the overtime exemptions established by the | | | | To be considered an executive employee, the |
| federal overtime law, the Fair Labor Standards | | | | worker must manage the business or a unit of |
| Act (FLSA). The administrative exemption, | | | | the company, regularly direct at least two |
| executive exemption and professional exemption | | | | employees and have the ability to hire and fire |
| are the three main exemptions under the FLSA. | | | | employees. If an assistant manager and a |
| Workers who do not meet one of the following | | | | manager are always on duty simultaneously, the |
| exemptions are probably eligible for overtime pay. | | | | manager is considered to be "in charge." |
| 1. Administrative Exemption | | | | Therefore, many assistant managers are eligible |
| To meet the administrative exemption, the | | | | for overtime pay for hours worked in excess of |
| employee must work in school administration | | | | 40. |
| or perform office or non-manual work. | | | | In addition to these three overtime exemptions, |
| Administrative employees must also regularly | | | | those engaged in outside sales (sales made away |
| exercise independent judgment and discretion in | | | | from the worksite) cannot receive overtime pay. |
| important matters. Examples of administrative | | | | Also, some computer employees may be exempt |
| employees may include planners and department | | | | from overtime pay. However, technical |
| store buyers. Although clerical work is considered | | | | writers, systems engineers, computer operators |
| "administrative", most secretaries are eligible for | | | | and junior programmers, as well as computer |
| overtime pay. Filing, answering phone calls, | | | | professionals who make, repair or maintain |
| gathering reports and making travel plans are not | | | | computer hardware are typically eligible for |
| considered high-level job tasks. Therefore, | | | | overtime compensation. |