Wouldnt a "Administrative Assistant I" be considered as a non-exempt job??
Not exempt from what?
Most employees are entitled to overtime pay under the Fair Labor Standards Act. They are called non-exempt employees.
In my experience, workers are paid in two ways: by annual salary (usually divided into 12 months) or by an hourly rate.
In my experience, salaried workers don't get overtime because there is no hourly rate with which to calculate overtime. But workers paid by hourly rates can earn overtime if it's authorized by their employer(s). Those overtime rates can be "time and a half" (hourly rate x 1.5) or "double time" (hourly rate x 2) or whatever calculations the employer uses.
What does your text say?
To determine whether a job is exempt or non-exempt, it is important to understand the criteria provided by the Fair Labor Standards Act (FLSA). The FLSA sets standards for minimum wage, overtime pay, and exemptions for certain types of jobs.
Now, let's determine whether the position of an "Administrative Assistant I" would typically be considered non-exempt or exempt:
1. Exempt employees: Exempt employees generally meet certain criteria that exempt them from receiving overtime pay. To be classified as exempt, an employee must typically meet three criteria:
- Receive a fixed salary that is not subject to reductions based on the quality or quantity of work performed (salary basis test);
- Be paid a predetermined and fixed salary that is above the minimum salary level set by the FLSA (salary level test);
- Primarily perform job duties that fall into specific categories, such as executive, administrative, professional, or outside sales (duties test).
2. Non-exempt employees: Non-exempt employees are typically entitled to receive overtime pay for all hours worked over 40 hours in a workweek. They do not meet the exemption criteria mentioned above.
Based on this information, an "Administrative Assistant I" would generally be considered a non-exempt position, unless the job meets all three exemption criteria mentioned earlier. However, it's important to note that job titles alone do not determine FLSA classification. The job duties and responsibilities, as well as the employee's actual tasks performed in the role, are key factors in determining the exemption status.
To accurately determine the exempt or non-exempt status of a specific job, it is always advisable to consult the FLSA guidelines and seek guidance from the respective human resources department or legal professionals who specialize in labor laws.