Duties for exempt administrative employees must meet standards
Employee attendance isn't tracked as closely for salaried administrative employees as it is for hourly workers. As long as administrators show up and successfully perform their duties, employers don't have to track hours worked to manage things like overtime.
However, the difficulty of tasks that administrative employees perform, as well as their skill levels, must meet certain standards to be exempt from the hourly pay provisions of the Fair Labor Standards Act. To meet the administrative exemption, the majority of a worker's labor must involve discretionary decisions about management or general business operations, attorney Natalie Hrubos said in an article on Lexology. Additionally, their work cannot involve much manual labor.
A business providing in-depth, written instructions for the majority of tasks undertaken by an administrative employee or having such a worker perform duties that do not regularly require prioritizing, the exercise of discretion or independent thought and analysis can indicate misclassification under the exempt administrative label.
Conducting an in-depth investigation into positional duties before applying an exempt classification is recommended by HR Professionals Magazine. Periodic review of the work an administrative employee does, which may end up being different than what was originally prescribed by the employer, is another step companies should take to stay compliant with the FLSA.
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