A few weeks ago I asked if an Executive Assistant would be considered exempt or non-exempt. I didn't know this was such a grey area because the answer is dependent on the job responsibilities. I place orders, generate sales reports, order food, do errands and events, etc. I don't think these would make a person exempt. But what if I made recommendations to improve a process? or what if I wrote procedures? I would like some specific examples of a job responsibility that WOULD make the administrative exemption.
The best place to look for examples is the Department of Industrial Relations website: www.dir.ca.gov and look up Exemptions from the Overtime Laws. Then look up Administrative Exemption. The key is that the employee "customarily and regularly exercises discretion and independent judgment." I agree that placing orders, running errands does not qualify. I also don't believe that making recommendations for improvement or writing procedures meets the standard either unless you have the authority to implement these recommendations and procedures without direction or supervision.
This response is for general informational and educational purposes only and does not constitute specific legal advice nor establish an attorney-client relationship. For specific legal advice you should consult a qualified attorney in your jurisdiction.
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