What Duties Trigger the Administrative Employee Exemption for Overtime in New York Apply For?

New York Overtime Law: What Duties Trigger the Administrative Employee Exemption?

Under New York Labor Law, employees must be paid overtime wages for all hours worked over 40 hours in a workweek at a rate of 1.5 times the employee’s normal rate of pay.  However, there are some New York overtime exemptions to overtime wages.  The administrative employee exemption is an important exemption which applies to some employees.  But it does not apply to all administrative employees unless there are certain duties assigned to the employee.

Understanding what these duties are and whether the administrative employee exemption applies is very important for both an employer and an employee.  Here at SAMUEL & STEIN, we advise both employers and employees of their rights and obligations under New York Labor Law and the federal statutory and regulatory requirements under the Fair Labor Standards Act.

What is the Administrative Employee Exemption to New York Overtime?

Under New York Labor Law s 651, the administrative employee exemption provides that employees who are administrative employees and earn a certain amount of weekly income are exempt from being paid overtime wages by an employer.  There are several criteria that an employee must satisfy in order for the exemption to apply.  We recently discussed some of these in an article on our website, which you can review here.

But there are some elements which are more involved and difficult to establish.  These are where the need for a lawyer arises.  For instance, the employee must be “directly related to management or general business operations” in order for the administrative employee exemption to apply.  This means that an employee must be directly involved in the running or servicing of a business.

What Duties May be Related to Management or General Business Operations?

Some examples of duties that are related to management or general business operations that may trigger the administrative employee exemption include the following:

  • Preparing taxes;
  • Marketing;
  • Legal or regulatory compliance;
  • Labor relations;
  • Human resources;
  • Public relations;
  • Insurance provisions;
  • Accounting responsibilities;
  • Auditing duties;
  • Advertising;
  • Research;
  • Health and safety;
  • Personnel management;
  • IT services (computer networking and database administration); and
  • Possible other activities.

It should be noted that, even if an employee carries out these tasks and duties, it does not necessarily mean that the employee is an administrative employee.  There are other criteria that also must be satisfied.  However, these tasks are most likely to lead to the administrative employee exemption.

Not Sure if the Administrative Employee Exemption Applies?  Call us!

The experienced New York City Wage and Hour attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey.  We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of.  Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage.  Together we can help answer your questions and protect your rights.

Share this Article

About the Author

Free Initial Consultation Get Help Now