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To be considered an administrative employee an individual must (1) perform office or non-manual work that is related to the management of the company or general business operations of the company and (2) regularly exercise "independent discretion and judgement" with regard to matters of significance. Generally, employees who fall within the following categories are considered to be administraitively exempt: Insurance Claims Adjusters; Human Resource Managers; Computer Network Administraitors; Financial Service Providers; and Management Consultants. On the other hand, Clerks; Examiners; Graders; Financial Product Salespersons; Managers who do not supervise employees; and Processors may or may not be considered administratively exempt employees. Remember this--if your job is to produce or make the actual product that you're employer sells, then there is a strong likelihood you are not administratively exempt and you will be entitled to recover your overtime compensation.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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