LABOR AND EMPLOYMENT LAW: MEETING THE REQUIREMENTS FOR THE ADMINISTRATIVE EXEMPTION UNDER THE FAIR LABOR STANDARDS ACT (“FLSA”)

The Fair Labor Standards Act (“FLSA”) establishes an employer’s obligations regarding the payment of overtime and minimum wages. The FLSA also contains various exemptions under which employees may not be entitled to overtime wages. One of these exemptions is the administrative exemption. Peter Mavrick is a Fort Lauderdale employment lawyer who has extensive experience dealing with the FLSA and its exemptions, including the administrative exemption. There are several requirements that must be met for an employee to be exempt under the administrative exemption. To be employed in a bona fide “administrative capacity,” an employee must: (1) meet the compensation form and amount requirements; (2) have the primary duty of performing office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and (3) have a primary duty that includes the exercise of discretion and…

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