Wouldn't a "administrative assistant I" be considered a non-exempt employee?
Non-exempt employees are covered by overtime provisions of the FSLA act and must be paid overtime for all hours worked over 40.
I agree,
http://www.flsa.com/coverage.html
Great, thank you!
To determine whether an "administrative assistant I" would be considered a non-exempt employee, we need to understand the criteria that typically determine exemption status.
The Fair Labor Standards Act (FLSA) provides guidelines for exemption status based on job duties, salary level, and salary basis. The FLSA has specific exemptions for administrative, professional, and executive positions known as the white-collar exemptions.
To qualify for exemption, an administrative assistant I would need to meet certain criteria. Here are the three main factors to consider:
1. Job Duties: Exempt administrative employees generally perform work directly related to the management or general business operations of the employer. This could include tasks such as managing records, coordinating meetings, supervising other employees, or exercising discretion and independent judgment in important matters.
2. Salary Level: To be classified as exempt, an administrative assistant I would typically need to earn a salary that meets or exceeds the minimum salary threshold set by the FLSA. As of January 1, 2021, the minimum salary requirement is $684 per week ($35,568 per year).
3. Salary Basis: Exempt employees must be paid on a salary basis, meaning they receive a predetermined amount of pay that isn't subject to deductions for variations in quality or quantity of work performed.
Based on these criteria, if an administrative assistant I primarily performs routine administrative or clerical tasks, does not exercise significant independent judgment, and does not meet the salary requirements, they would likely be considered a non-exempt employee.
However, it's important to note that exemption status can vary depending on specific job responsibilities and applicable state laws. To ensure accurate classification, it's advisable to consult the FLSA guidelines and seek professional legal advice.