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ARTICLE · 01 JULY 2008

Time Is Money

Waller Lansden Dortch & Davis
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The U.S. Department of Labor (DOL) recently issued two opinion letters providing guidance to employers on how to apply the Administrative Exemption under the Fair Labor Standards Act.

United StatesEmployment and HR
Andrew Naylor
Andrew Naylor

Two Recent DOL Opinions Illustrate The Administrative Exemption

The U.S. Department of Labor (DOL) recently issued two opinion letters providing guidance to employers on how to apply the Administrative Exemption under the Fair Labor Standards Act. The opinions highlight the need for employers to regularly review the exempt status of their employees who may fit the administrative exemption following the 2004 amendments to the FLSA. Of all the exemptions, the administrative exemption presents the most challenging analysis given its broad regulatory framework and the wide range of jobs that can qualify. A close, objective and candid review of the primary duties of the jobs with questionable exempt status may yield surprising results as the 2004 FLSA amendments are applied to real world cases and scenarios.

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