Home / Blog / Overtime Law and Minimum Wage Violations / Have I been misclassified as an administrative employee?

Have I been misclassified as an administrative employee?

Posted on January 20, 2015 11:38 am under Overtime Law and Minimum Wage Violations

Administrative employees are those that hold administrative capacity in the workplace where they are employed. Under the Federal Fair Labor Standards Act and the Code of Federal Regulations, workers holding administrative roles are exempted from overtime payment. Unfortunately, some employers may deliberately misclassify their workers as administrative employees to save revenue.

You should meet the following requirements in order to be classified as an administrative employee:

  • Regularly exercise discretion
  • Perform only under general guidance or supervision
  • Hold duties that are directly associated with the business operations of employer or employer’s customers
  • Do not spend more than 20% of their working time on tasks other than mentioned above (40% for those working in service establishments)
  • Salaried at a rate of not less than $700 per month

At Habush Habush & Rottier S.C. ®, we help misclassified workers seek the compensation they believe their employers owe them by possibly filing a claim. Call our Madison office at (414) 271-0900 and get to know about the wide range of legal options available for you.