Administrative Employee Misclassification

Administrative exemptions apply to employees who assist a bona fide executive such as secretary for an executive. If you are secretary to a bona fide executive (versus to a low-level manager), you may be improperly classified as exempt when you by law are entitled to receive overtime wages.

At Gigliotti & Gigliotti, our attorneys have nearly 30 years of experience representing employees who are unfairly compensated and therefore seek straightforward legal assistance and responsive service to recover their unpaid overtime wages. Contact us today to set up a free initial consultation.

Administrative Employees, Exempt Or Nonexempt

Under the Fair Labor Standards Act (FLSA), for the administrative employee exemption to apply to you, the employee, the following criteria must be met:

  • You must be salaried at a pay rate no less than $455 per week.
  • Your primary duties include work directly related to management or business operations.
  • Your primary duties involve discretion and independent judgment regarding significant matters.

Whether you are a secretary or an independent contractor, you have legal rights to protect and may be able to recover compensation when you've been misclassified or improperly denied overtime pay by your employer.

Call 800-560-1081 to schedule a free initial telephone consultation to discuss your potential claim.