Skip to Content
Top

WHICH TYPE OF EMPLOYEES ARE NOT REQUIRED TO BE PAID OVERTIME?

Clock

There are entire classes of employees who are not required to be paid overtime. The most common exemption is the administrative exemption.

Administrative exemption is commonly referred to as the “white collar” exemption. To qualify for the administrative exemption, the employee must meet both the salary requirements and the duty requirements.

Salary requirements:
(a) The employee must be paid on a salaried basis.
(b) That salary must be equal to or greater than $455 per week. Note: this amount may be higher based on state laws.

Duty requirements:
(a) Have primary duties—not merely occasional duties—that are related to the management or general operations of the business. Typically this includes roles in finance, accounting, marketing, purchasing, legal, HR, and other such roles.
(b) Use discretion and independent judgment. This means the employee has a level of responsibility that requires him or her to make judgments independently, not merely to follow standards or take direction. The discretion and independent judgment must be related to matters of significance within the organization.

It’s easy to misclassify an employee. Some important notes to know:
– The employee’s job title would imply they are exempt, but their duties don’t actually qualify. Matching job titles or job descriptions is not enough; the actual work performed is what matters.
– The employee works on items that would qualify, but they’re not his or her primary duties. Each situation needs to be reviewed individually.
– The primary duties would qualify, but there is little to no discretion and independent judgment on the part of the employee. For example, if an employee primarily performs administrative duties but relies almost exclusively on either set standards or on the direction of a superior to make any decisions, then that employee may not be exercising discretion and independent judgment in the role. In these cases, it does not matter that the duties would qualify—if the “discretion and independent judgment” requirement is not met, the employee is not exempt.

Read More: http://goo.gl/oNFC0W

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://employmentlawyersla.com/

Share To:

Awards &
Associations

  • Super Lawyers - 5 Years
  • Yelp
  • BBB A+
  • Avvo - Top Attorney Employment
  • Super Lawyers - Thomspn Reuters 2014
  • Elite Lawyer 2018
  • Client Distinction Award 2015
  • Avvo - Top Attorney Personal Injury
  • Martindale Champion
  • Avvo 10.0
  • Alignable
  • Avvo Clients Choice Award 2018
  • Alignable Recommended
  • Elite Lawyer 2018
  • Beverly HIlls Bar Association
  • Avvo Reviews
  • CAALA
  • LACBA
  • LexisNexis
  • Long Beach Bar
  • Alignable
  • The Premier Prospector

Client Testimonials

  • “Patient and Thorough”
    David read through my contract and explained it thoroughly to me, answering every question that I had. He is knowledgeable and a very nice person, and I will be use him again.
    - Former Client
  • “I would highly recommend this law office.”
    David provided professional services and insightful advice to us. I really appreciate the work he has done. I would highly recommend this law office.
    - Former Client
  • “[David] was able to guide me through all my options”
    David from Payab & Associates helped me out immensely when I was at a complete dead end and had no idea what next steps to take. He was able to guide me through all my options and he was so understanding of my situation throughout our communication.
    - Shwetha G.
  • “I didn't feel rushed and I felt heard, which is important for over-the-phone consultations.”
    I was looking for every possible solution to my legal inquiry, and David was really helpful. He is knowledgeable about many legal facets and took the time to educate me about the pros and cons of different choices I could make. He provided cheaper options I can take, which is important for me to consider as a student seeking legal advice. I didn't feel rushed and I felt heard, which is important for over-the-phone consultations. I see myself contacting David again, he's great!
    - Taylor M.
  • “Very professional and I would most definitely recommend them to friends and family”
    Payab & Associates was extremely helpful and supportive to me for my legal consultation. They answered every question I had in a very clear and understandable manner without getting too much into legal jargon. Very professional and I would most definitely recommend them to friends and family
    - Andrew R.
  • “Mr. Payab was very professional and I would definitely recommend his services.”
    I spoke with Mr. Payab through USC's legal consultation program, and he was very helpful and provided detailed advice and assistance. During the consultation, he explained the necessary processes to remedy the issues I was facing and provided tips on clauses to include in the documentation. Mr. Payab was very professional and I would definitely recommend his services. I will definitely contact him again for any future legal advice or consultations.
    - Sameer A.
  • “Mr. Payab is extremely wise and I absolutely give him a five star, first class rating.”
    Mr. Payab and his entire office are truly amazing and Heaven sent! Look no further when seeking counsel. Mr. Payab is extremely wise and I absolutely give him a five star, first class rating. He is the best in the business. The communication, knowledge, and work ethic is outstanding. I am truly grateful for his counsel. David really cares about his clients and it shows.
    - Shy D.
  • “He gave me the best possible advice and several different options.”
    David is amazing, he gave me the best possible advice and several different options. He explained the pros/cons of each option and let me decide how to proceed.
    - Sai A.

Why Choose The Law Office of Payab & Associates?

  • No fees or costs unless we recover money for you
  • Tens of Millions of dollars recovered for our clients
  • Over 950 five-star reviews on Google, Avvo & Yelp
  • Recipient of “People Love US” on Yelp for 3 years
  • Rated A+ with the Better Business Bureau
  • Over 26 years of legal experience
  • Providing Service in Spanish

Do You Have a Case?

Call (818) 918-5522 or fill out the form below. Se habla español.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy