Administrative Employee Misclassification

Your employer tells you that you don’t get overtime because you are an administrative employee and come within the administrative exemption from overtime. But what is an administrative employee? If your primary job duties are not related to certain general business operations, and you are not permitted to use sufficient discretion and independent judgment, you are not within the administrative exemption and you get overtime. For example, loan officers, financial consultants, portfolio analysts, automobile loss insurance adjusters, junior level worker compensation adjusters, insurance investigators, housing inspectors, probation officers, human resource personnel screeners, dispatchers, technicians, field supervisors, and a host of other kinds of “administrative” employees may be entitled to overtime. If you are paid on an hourly basis, and not on salary basis, you are do not come within the administrative exemption and you get overtime. If you make less than $455 per week, you must be paid for overtime hours, since to benefit from the administrative exemption your employer must pay you more than that amount.

Some other examples of employees who were found entitled to overtime because they were wrongfully treated as exempt by their employers: Underwriters - not exempt because they mechanically followed loan decision guidelines specified by the employer, and did not advise customers. Loan Officers - not exempt because just involved in producing loans as per employer instructions. Insurance Investigator - not exempt because detailed criteria promulgated by employer had to be followed. Car Rental Manager - not exempt because did not exercise independent judgment regarding matters of significance. Customer Service Agents - not exempt because they performed closely monitored tasks and not able to use their own discretion as to significant matters. Real Estate Specialists - not exempt even though assisted in buying properties due to employer limitations in the exercise of their business judgment. Quality Control Field Inspectors - not exempt because inspection work was ordinary and not based on their independent discretion.

Employees who are not permitted to really exercise independent judgment and  discretion in a broad enough way are often shortchanged when their employer does not pay them overtime. Federal Law and New York State law do not permit overtime wages violations just because your employer claims that you are an exempt administrative employee. As years pass, and the employer, in effect, steals money from you that is legally due, the employer unfairly profits at your expense, and you are less able to provide for yourself and your family. Nor can your employer subject you to retaliation in New York State or New York City because you complain that you are not really a manager and should be paid overtime wages.

Contact us online or call us at (212) 949-1001 if you think that your employer's harmful actions stem from misclassifying you as an exempt administrative employee not paying you overtime when most of the duties that your employer lets you perform do not really involve broad independent judgment and discretion. We will use our more than 25 years of experience to help you resolve the matter by negotiation or by going to court in the State of New York or New York City.

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