Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I am a hourly paid employee to a psychiatrist and a

Customer Question
psychologist. I am the only...
I am a hourly paid employee to a psychiatrist and a psychologist. I am the only staff member in the office. Although I am considered the office manager, I have no staff under my direction (no other employees). Employer is wanting to switch me from hourly to salary to save them money. Am I considered a non exempt employee?
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 16 minutes by:
8/11/2016
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,037
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I look forward to helping you today.

to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties.

I'll assume you make the minimum amount of salary, so the next part is the salary basis test. Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. This amount need not be the entire compensation received, but there must be some amount of pay the employee can count on receiving in any work week in which s/he performs any work.

An employee who meets the salary level tests and also the salary basis tests is exempt only if s/he also performs exempt job duties. These FLSA exemptions are limited to employees who perform relatively high-level work.

The Regulatory definition provides that exempt administrative job duties are

(a) office or nonmanual work, which is
(b) directly related to management or general business operations of the employer or the employer's customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.

The administrative exemption is designed for relatively high-level employees whose main job is to "keep the business running." Administrative employees provide "support" to the operational or production employees. They are "staff" rather than "line" employees.

To be exempt under the administrative exemption, the "staff" or "support" work must be office or nonmanual, and must be for matters of significance. Clerical employees perform office or nonmanual support work but are not administratively exempt. Nor is administrative work exempt just because it is financially important, in the sense that the employer would experience financial losses if the employee fails to perform competently. Administratively exempt work typically involves the exercise of discretion and judgment, with the authority to make independent decisions on matters which affect the business as a whole or a significant part of it.

Your office manager duties could be consistent with the "administrative" exemption from overtime, depending on the tasks you do - if you handle everything to keep the office running from paperwork to payroll, ordering, accounting/bookkeeping, etc. However, in order to qualify for the exemption, you must be "primarily engaged" in administrative tasks. Primarily engaged would mean more then 50% of the time. There is no requirement that you supervise staff to meet an administrative exemption.

Bot***** *****ne, I think it will come down to the scope of your job duties. Title alone isn't enough to classify you as exempt. But if you're really running everything in the office, as opposed to say, just filing some papers and doing light typing, I would say you meet the administrative exemption.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

Ask Your Own Employment Law Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,037
14,037 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Case Description Employer will not pay payroll that is owed
Case Description Employer will not pay payroll that is owed and has already billed company for work completed, continues to not pay wages to me and has been avoiding paying it on multiple requests, cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Payroll payment dates: If payday occurs on a Saturday or
payroll payment dates: If payday occurs on a Saturday or Sunday should pay be made on Friday, i.e. - a day or two before the date ? With reference to this weekend, Monday is a banking holiday. Does PA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
If I am on the payroll of a consultancy firm(W2), and I work
[Second opinion] If I am on the payroll of a consultancy firm(W2), and I work for one of their clients:i) can the consultancy firm file for my OPT extension?ii) do I need to be working physically from… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
My employee who works with payroll figured out commisions
My employee who works with payroll figured out commisions innacurately for a year overpaying them. I just had to fill in to do payroll and discovered this she already told these employees what the bas… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Colorado, what payroll information must employers provide
In Colorado, what payroll information must employers provide employees? In this case the employee is eligible for tips in addition to salary. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Can my employer make automatic deductions to my payroll if I
can my employer make automatic deductions to my payroll if I make a mistake and he wants me to pay for it? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Trying to figure out payroll for a restaurant. We hired our
Trying to figure out payroll for a restaurant. We hired our servers a independent contractors until the restaurant shows a steady return. As independent contractors, do we pay them the server's wage o… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In New Jersey can an owner of n S-Corp who is on payroll
In New Jersey can an owner of n S-Corp who is on payroll collect unemployment? Same question for an LLC. If so under what situation? Please send support for answer. Thank you… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Are Corporate payroll records protected by privacy
Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided staffing services … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Second opinion] Are Corporate payroll records protected by
Second opinion] Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided st… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
A company's payroll department fails to take a garnishment
a company's payroll department fails to take a garnishment on a pay check, can they double the garnishment payment the next pay period? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Can a claim be made to the labor board when payroll is
Can a claim be made to the labor board when payroll is deducted for medical insurance, but medical insurance was cancelled and funds have not been returned to employee? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding FMLA and FLSA. employee as
I have a question regarding FMLA and FLSA. I am Exempt employee as outside sales, however employer is taking far more deduction from pay then I feel is legal? … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Can an employer place payroll assessment responsibilities on
can an employer place payroll assessment responsibilities on untrained coworkers who knowingly have short changed coworkers on their payroll and were instructed to cover up the discrepancies by the de… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a California Couny take a FLSA non-exempt position and
Can a California Couny take a FLSA non-exempt position and change it to exempt by not following the county policy of getting approval from the Board of Supervisors? … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I have a question regarding the new flsa act regarding
I have a question regarding the new flsa act regarding exempt / non exempt statu. … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,196 satisfied customers
Second opinion] I have a question regarding the new flsa act
Second opinion] I have a question regarding the new flsa act regarding exempt / non exempt statu.… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x