Exempt employees & the executive exemption
"Executive" employees, such as managers and assistant managers, are often classified as exempt. However, job title alone does not determine whether an employee is properly classified.
If you are not properly classified, meaning you don’t meet requirements to be considered an executive employee under the law, then you may be entitled to overtime pay and other benefits.
Employees who are commonly misclassified under the executive sales exemption include retail store managers and assistant managers.
What is the FLSA's executive exemption?
Under the FLSA, an executive employee must:
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Earn a salay of at least $455 a week;
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Manage an "enterprise" or a subdivision of the enterprise;
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Supervise at least two or more other full-time employees; and
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Generally have the authoity to hire or fire other employees, or give recommendations regarding the employment, promotion or termination of other employees
There are different exemption requirements for employees under federal and state employment laws. (Learn more about the California executive exemption.)
Are you misclassified as an executive employee?
Think you are misclassifed as exempt? Free and confidential evaluations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.
Why Girard Gibbs?
Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.
