Exempt vs. Nonexempt Employees: Job Duties

New York Wage and Hour Law

Under the Fair Labor Standards Act (FLSA) and New York wage and hour laws, one of the tests utilized to differentiate between exempt vs. nonexempt employees is based on job duties.

Whether you are an exempt or nonexempt employee is determined, in part, by your salary amount and your job duties. The determination is made on a case-by-case basis. However, an experienced FLSA and wage and hour attorney can help you determine whether you should be an exempt or nonexempt employee and whether you are receiving all the compensation to which you are entitled under the law.

Most Common Job Duty Exemptions

The most common job duty exemptions fit into three categories:

• Administrative Exemptons, which apply to positions where the duties are related to management of the company’s general business operations
• Professional Exemptions, which apply to positions where the duties fall into on of four basic categories: learned professional, creative professional, teacher or computer employee
• Executive Exemptions, which apply to positions where the duties are related to management of the enterprise and of at least two employees

At Leeds Brown Law, P.C., our New York Wage and Hour lawyers have extensive experience handling employment disputes. Such disputes consist of overtime claims and wage and hour law violations, including violations resulting from improper classification of salaried and exempt employees as defined by their job duties. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and elsewhere in the New York City metropolitan area, as well as across the country.

We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim. Contact us today to discover how we can help you.

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