pad



Employment Law Tip: Administrative Exemption Quick Checklist

Here's a quick checklist to help you determine if an employee qualifies under the administrative exemption to the overtime laws.

Your administrative employee is probably exempt in California only if you answer yes to all of the following:

· Does the employee perform office or nonmanual work directly related to management policies or to the general business operations of your organization or customers?

· Does the employee customarily and regularly exercise discretion and independent judgment?

· Does the employee: a) regularly and directly assist a proprietor, manager, or exempt administrator; or b) perform under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or c) execute special assignments and tasks under only general supervision?

· Does the employee spend more than 50 percent of work time performing administrative duties, including work that is “directly and closely related” to exempt work?

· Does the employee earn at least the statutory minimum monthly salary? (Based on the current California minimum wage of $7.50 per hour, the required annual salary is $31,200.

Additional Resources: Division of Labor Standards Enforcement Administrative Exemption information Excerpt from California Employer Advisory


To back-page, Use your browser BACK button