Taking Care of HR Business
        A blog from the attorneys of Verrill

        Should You Be Paying Overtime to Your Office Staff?

        July 25, 2022

        Office workers who perform receptionist, secretarial, and other administrative tasks often are incorrectly classified as exempt from overtime pay because they receive a salary and have job titles such as “executive assistant.” However, such employees will not necessarily be found exempt from the requirement to pay overtime merely because they receive a salary, perform important administrative duties, and hold impressive job titles. Clerical and administrative employees often do not have sufficiently high-level positions or perform primary duties that meet the “administrative employee” exemption. And misclassification of these employees as exempt can result in costly claims for non-payment of overtime.

        The federal Fair Labor Standards Act (FLSA) and state wage and hour laws require that employees who work more than 40 hours in a workweek be paid 1.5 times their regular rate of pay for any hours worked above 40 unless they qualify for an exemption. To qualify as exempt, employees must be paid on a salary basis of not less than $684 per week and must also perform job duties that qualify for an exemption. Generally, for office workers performing administrative tasks the exemption for “administrative employees” must be met.

        Determining whether an employee’s position qualifies for this exemption involves a two-part analysis:

        1. The employee’s primary duty must be the performance of office or non-manual work that is directly related to management or general business operations (as distinguished from, for example, working on a production line or selling the company’s products to customers).
        2. The employee’s primary duty must include the exercise of “discretion and independent judgment” on “matters of significance.”

        Administrative assistants often meet the first part of this test, but fail the second part.

        Moreover, the FLSA regulations state that executive or administrative assistants only will qualify as exempt from overtime pay if they assist “business owners or senior executives of large organizations.” Thus, if the administrative employee is one of several assistants in the office performing general administrative duties and is not primarily assigned to assist an owner or senior officer of the business, then the exemption usually will not apply.

        And remember that the employee also must be delegated authority to exercise “discretion and independent judgment on matters of significance. This means that the job must involve considering, comparing, and evaluating different courses of action and then making a decision (or at least recommending a decision) on sufficiently important and consequential matters. This part of the test usually will not be met where the employee merely follows specific instructions or prescribed procedures.

        Generally, an exempt executive or administrative assistant will perform fewer clerical tasks and will receive a substantially higher salary than most administrative employees. The executive assistant’s primary duty typically will involve important duties such as: managing the owner or executive’s schedule; acting as his or her representative in dealings with third parties; prioritizing and handling correspondence; researching and handling special projects; and arranging board of directors or shareholder meetings. The employee’s primary duty and the importance of his or her position to the owner or executive’s role should be accurately reflected in both job descriptions and performance evaluations, which can serve as evidence to support the employer’s decision to classify an employee as exempt from overtime.

        If you have any questions regarding overtime pay, payment of wages, or the classification of your employees, please contact Scott Connolly or another member of Verrill’s Employment & Labor Group.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...