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Checklist to Determine Overtime Liability under the Fair Labor Standards Act


(Administrators)

Factors to govern exempt status for Administrators:

1. Is engaged in office or other non-manual work related to operations and management;

2. Often used independent judgement;

3. Supervises employees as or in an administrative function;

4. Engages in duties which require specialized skills;

5. Performs special projects independently without much specific supervision;

6. Devotes a small percentage (less than 20%) of time to work unrelated to the above; and

7. Is paid a salary which remains constant and fixed and does not necessarily reflect the number of hours the administrator actually worked.

NOTE: If the above conditions are met, the individual may not be subject to receive overtime pay but check with labor counsel or your local Department of Labor Office for pertinent details when in doubt.

Copyright 1998 Steven M. Sack

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