FLSA Administrative Exemption Flow Chart

FLSA Administrative Exemption Flow Chart

(IMPORTANT NOTE: As of December 1st, 2016, these provisions are subject to change with new FLSA regulatory updates. Please contact us or review the DOL website for questions.)

FLSA ADMINISTRATIVE EXEMPTION FLOW CHART
This flow chart provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541.

Administrative Exemption
To qualify for the administrative employee exemption, all of the following tests must be met:

• The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $913 per week;
• The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employers customers; and
• The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

Primary Duty
Primary duty means the principal, main, major or most important duty that the employee performs. Determination of an employees primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employees job as a whole.

Directly Related to Management or General Business Operations
To meet the directly related to management or general business operations requirement, an employee must perform work directly related to assisting with the running or servicing of the business, as distinguished, for example from working on a manufacturing production line or selling a product in a retail or service establishment. Work directly related to management or general business operations includes, but is not limited to, work in functional areas such as tax; finance; accounting; budgeting; auditing; insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations; government relations; computer network, Internet and database administration; legal and regulatory compliance; and similar activities.

Employer’s Customers
An employee may qualify for the administrative exemption if the employees primary duty is the performance of work directly related to the management or general business operations of the employers customers. Thus, employees acting as advisors or consultants to their employers clients or customers as tax experts or financial consultants, for example may be exempt.

Discretion and Independent Judgment
In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered. The term must be applied in the light of all the facts involved in the employees particular employment situation, and implies that the employee has authority to make an independent choice, free from immediate direction or supervision. Factors to consider include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignments in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree; whether the employee has authority to commit the employer in matters that have significant financial impact; whether the employee has authority to waive or deviate from established policies and procedures without prior approval, and other factors set forth in the regulation. The fact that an employees decisions are revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment. The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources.

Matters of Significance
The term matters of significance refers to the level of importance or consequence of the work performed. An employee does not exercise discretion and independent judgment with respect to matters of significance merely because the employer will experience financial losses if the employee fails to perform the job properly. Similarly, an employee who operates very expensive equipment does not exercise discretion and independent judgment with respect to matters of significance merely because improper performance of the employees duties may cause serious financial loss to the employer.

Educational Establishments and Administrative Functions
The administrative exemption is also available to employees compensated on a salary or fee basis at a rate not less than $455 a week and whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment.Academic administrative functions include operations directly in the field of education, and do not include jobs relating to areas outside the educational field.Employees engaged in academic administrative functions include: the superintendent or other head of an elementary or secondary school system, and any assistants responsible for administration of such matters as curriculum, quality and methods of instructing, measuring and testing the learning potential and achievement of students, establishing and maintaining academic and grading standards, and other aspects of the teaching program; the principal and any vice-principals responsible for the operation of an elementary or secondary school; department heads in institutions of higher education responsible for the various subject matter departments; academic counselors and other employees with similar responsibilities.

Highly Compensated Employees
Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption.

Flow chart for Administrative Exemption:

1. Does the employee earn a salary of at least $455.00 per week? If yes, continue. If no, then employee is not exempt and is subject to overtime.

2. Is the employee’s Primary duty to perform office work directly related to assisting with the running or servicing of the business? If yes, continue. If no, then skip to 9.

3. Does the employee’s primary duty involve the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered, and does the employee have authority to make an independent choice, free from immediate direction or supervision? If yes, continue. If no, then employee is not exempt and is subject to overtime.

4. Does the employee have authority to formulate, affect, interpret, or implement management policies or operating practices? If yes, continue. If no, then employee is not exempt and is subject to overtime.

5. Does the employee carry out major assignments in conducting the operations of the business? If yes, continue. If no, then employee is not exempt and is subject to overtime.

6. Does the employee perform work that affects business operations to a substantial degree? If yes, continue. If no, then employee is not exempt and is subject to overtime.

7. Does the employee have authority to commit the employer in matters that have significant financial impact? If yes, continue. If no, then employee is not exempt and is subject to overtime.

8. Does the employee have authority to waive or deviate from established policies and procedures without prior approval? If yes, then go to 12. If no, then employee is not exempt and is subject to overtime.

9. Is the employee’s Primary duty performing administrative functions directly related to academic instruction or training in an educational establishment? If yes, continue. If no, then skip to 11.

10. Does the employee’s Primary duty include any of the following: the superintendent or other head of an elementary or secondary school system, and any assistants responsible for administration of such matters as curriculum, quality and methods of instructing, measuring and testing the learning potential and achievement of students, establishing and maintaining academic and grading standards, and other aspects of the teaching program; the principal and any vice-principals responsible for the operation of an elementary or secondary school; department heads in institutions of higher education responsible for the various subject matter departments; academic counselors and other employees with similar responsibilities? If yes, then go to 12. If no, then continue.

11. Is the employee paid total annual compensation of $100,000 or more and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption? If yes, go to 12. If no, then employee is not exempt and is subject to overtime.

12. Employee qualifies for the Administrative exemption from overtime.

For a printable version of this document in Word format click here.