Oregon Overtime Exemption: Administrative

A common exemption used by employers in an attempt to avoid payment of overtime wages is the administrative exemption. Employees are performing exempt administrative job duties if they:

(a) regularly assist an executive, or perform work under only general supervision;
(b) regularly exercises independent judgment and discretionary power; and
(c) Primary duty must be the performance of office or non-manual work directly related to the management or general business operations.

Exempt administrative work is limited to support staff jobs. For example, employees involved in preparing payroll are performing administrative work. This work may or may not be exempt. But employees involved in manufacturing products sold to customers are not. To be exempt, the work must be at a relatively high-level, involve independent judgment and discretion, and be important to the overall operation of the enterprise. This is where the employers usually make their mistake. The employer attempts to use this exemption for an employee who generally is allowed little discretion and makes few important decisions for the company. For example, filing, filling out forms, preparing routine reports, answering telephones, making travel arrangements, working at a customer service desk, and similar jobs are not likely to relate directly to the management or general operations.

Merely clerical work may be administrative, but it is not exempt. Most secretaries and assistants perform administrative work, but their jobs are not usually exempt from overtime. However, to “count” the exercise of judgment and discretion must be about matters of considerable importance to the operation of the enterprise as a whole. Some secretaries or assistants may be administratively exempt employees depending upon the level of discretion they wield in the company. Each job must be evaluated on a position-by-position and company-by-company basis.

If you feel that you have been misclassified and would like to discuss the matter with an attorney, please call (360) 566-WAGE or (360) 566-9243.

Wage Claim Attorneys
The lawyers at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our attorneys regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows the attorneys at Schuck Law, LLC to take most wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our attorneys only get paid their attorney fees if they recover wages for you.

The lawyers at Schuck Law, LLC prosecute Oregon overtime wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Hood River, Klamath Falls, Lincoln City, Madras, McMinnville, Medford, Portland, Sandy, St. Helens, and Tillamook.

Google By David Schuck