Q: I work for a co. that fertilizes and seeds lawns. I am the bookkeeper and office help. Should I be paid time & a half?
You may be exempt from overtime under the administrative exemption. In order to meet this exemption you must: (1) be paid on a salary basis and (2) you must meet the administrative duties test.
To be paid on a salary basis, you must be paid a guaranteed amount each week that is not subject to deductions for partial days worked. For example, if you normally work 8 hours on Fridays but only work 5 hours that week, you must still be paid for the full 8 hours. There are several additional factors that may change this analysis and your specific circumstances should be discussed with an employment attorney.
To meet the administrative duties test, you must exercise independent judgment and discretion on matters of significance. The Court will look at your actual duties and not your job title to make this determination. You should reach out to an employment lawyer and go over your job duties with the attorneys.
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