For an employee to meet the "administrative" exemption to the overtime pay requirement their job duties and compensation must meet all of the following tests:

  1. The employee must be paid on a salary basis of at least $455 per week:
  2. The employee's primary duties must be office or non-manual work directly related to the management or general business operations or the employer or its customers;
  3. The employee's duties must include the exercise of discretion and independent judgment on significant matters.

Generally, the "administrative" exemption to overtime pay requirements apply to employees that have significant management or supervisory responsibilities. But a job title of manager or supervisor does not determine finally the question: the employee's actual job duties are the real test.

Lexington, Kentuckyovertime lawyer Robert Abell represents individuals and employees seeking to recover the overtime pay that they have earned but not been paid; contact him at 859-254-7076.