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May 05, 2010
Criteria Necessary for an Employee to Qualify for an Administrative Exemption

In a BLR webinar entitled "Exemption Audits: Prepare Now for Stepped-Up Department of Labor (DOL) Enforcement -- Who's Entitled to Overtime and Who's Not," Cheryl D. Orr, Esq. partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP explained that, in order for an employee to qualify for an Administrative exemption, the following criteria must be met:

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  • The work is directly related to the management or general business operations.
  • The employee exercises discretion and independent judgment as to significant business matters.
  • The employee regularly directs and assists a proprietor or executive; or performs under only general supervision work along specialized or technical lines requiring special training, experience or knowledge; or executes under only generation supervision special assignments and tasks.

Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP. She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions. She regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force and offers employer advice and counseling.

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