Executive Asst. as Exempt

GLC

We have 3 executive assistants who work directly with senior management. I am wondering how others have their executive assistants classified. They have some independent judgement in their jobs, but I still see them as secretaries. My boss is wondering if we should reclassify them. Could we classify them as Salaried but non-exempt. Do you see any benefit to this other than prestige in saying one is exempt?

Down_the_Middle

I've seen very few Exec Asst's that are legitimately exempt. There's more to being exempt than "reporting to an executive". This position is required to use indep judgment and discretionary thinking (which means the freedom to change policy or establish practices that are not within the norm, etc...) Additionally, this type of position may not devote more than 20% of their time to N/E duties and I've not seen to many of these positions that fall within that parameter. This type of position is typically non-exempt. DOL investigators rarely have a problem with making the CEO's assistant exempt, but beyond that, I think it's risky. Making them salaried, N/E is your call depending on the payroll practices of your organization.

bsa

Salaried N/E still entitles them to overtime for any hours worked over 40. A very simplified description is you pay them a "salary" for all hours worked, then 1/2 time for the hours over 40. It can be a nightmare for payroll.

Don D

Ditto to the nightmare. The legal loophole allowing you to pay half time for hours in excess of 40 for salaried non-exempts, however, is most of all a terrible morale issue. When the ee realizes what is going on, no good thoughts can emerge. The FLSA policy addressing this practice is largely mumbo-jumbo but equals little more than a legal screwing of the ee.

sonny

I agree with D-T-M and will add that at former place of employment a DOL investigator "recommended" that we change an Administrative Assistant who reported to a Director be reclassifiend to non-exempt, which of course we did.

Pork

BEEN THERE, DONE THAT, AND DO NOT RECOMMEND THE EXEMPT STATUS TO ANY ADMINISTRATIVE POSITION BELOW THE CEO/OWNER. You can accomplish the same thing with the "Fixed salary with a flucating work week". It is a salary based on the computation of so many hours worked during a historical period and includes the overtime amount already counted into the calculation. Basically, you figure up the amount owed based on a given number of hours each week. If is is based on say, 55 hours worked then 40 hours at regular pay and 15 hours at the o/t rate added together gives you the salary to be paid every week. If the employee gets the work done in less time through efficiency then great, everyone is happy. If she/he goes over the agreed amount of time then you must add this to the next check. In everycase, where we have put this in place the employee gets the job done in less time. The budget is there to support the organization and thought of getting paid a salary, and the boss is happy because the administrative assistant is there when he needs her/him. Pork

Rockie

Our Executive Assistant who reports to the CEO is exempt - all administrative assistants are non-exempt.