Free Special Resources
Get Your FREE Special Report. Download Any One Of These FREE Special Resources, Instantly!
Featured Special Report
Claim Your Free Copy of Overtime Primer: Highlights from the New Regulations

The federal DOL overtime regulations go into effect this year. Are you ready?

Download Now!

This report includes a summary of key changes, including the salary level test and salary basis test.

As a bonus, we've included a handy flowchart to help you determine exemption status under the FLSA.

Download Now!
March 04, 2010
Three Factors that Determine Administrative Exemption

Employment attorney Olivia Goodkin explored the administrative exemption to overtime laws in a recent webinar from BLR. During her presentation of “Job Descriptions: How to Tackle Tricky Drafting Hurdles to Maximize Compliance and Effectiveness,” she specified three factors that determine whether an administrative employee is exempt from overtime:

For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!
  1. The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers.
  2. The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
  3. The employee must be paid on a salary basis at not less than $455 per week.

Olivia Goodkin, Esq. is a partner in the Los Angeles office of Rutter Hobbs & Davidoff where she specializes in liability avoidance and employment-related litigation. She can be reached via email at

Featured Special Report:
Top 100 FLSA Overtime Q&As
Twitter  Facebook  Linked In
Follow Us
Copyright © 2016 Business & Legal Resources. All rights reserved. 800-727-5257
This document was published on
Document URL: