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What is a "Bona Fide Administrative Employee" Under Overtime Law?

Many people think of "administrative" employees as including roles like secretary or other general office administrative work.  The FLSA definition is a little different, and requires that:
  • The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer.
  • The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

An exempt administrative employee supports the operations of the business as opposed to producing or generating what the business sells.

It is important to remember that the employee must also have the right to exercise independent judgment on “matters of significance" in order to be considered exempt.  This means the exempt staff are usually higher level staff in roles like human resources, payroll or finance, accounting, marketing and public relations, and compliance. 



Learn more here about overtime exemptions under Massachusetts and federal law.

Need Help With an Overtime Question?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact