I have read multiple posts regarding exempt and non-exempt classification; but can not determine for myself whether or not I would be considered exempt or not...

-I work in wholessale sales as an 'executive assistant' to an owner of a showroom.

-I work 9-5 Monday through Friday (on paper...my hours usually exceed that and I don't get a lunch break; my employer is "uncomfortable with [me] taking a lunch").

-I don't oversee employees.

-I do payroll and bookkeeping, basic office admin duties...and sales when needed (which includes traveling to NYC 2 times a year...also without compensation). I do graphic design services, but not full time. I also do IT support for the network server.

-I get a "bonus" each month on showroom sales (which could be called a commission, but I have no way of pushing sales myself, except for the NYC trip..., but sales go to the rep in charge of that specific territory)


My job duties are all over the place...so, I'm not sure where that leaves me. It seems, as I have been looking , that if one has any type of office/desk job they are exempt. Still, I am hopeful. Any insight would be helpful and most appreciated.

It is by no means accurate that any desk or office job is exempt. However, I can't tell from what you posted either which you should be. How much independent judgement are you able to exercise? How much of what you do is directed and how much are you able to decide for yourself?

It is by no means accurate that any desk or office job is exempt. However, I can't tell from what you posted either which you should be. How much independent judgement are you able to exercise? How much of what you do is directed and how much are you able to decide for yourself?

Independent judgement? Not that much I'd say...everything must be approved by the owner. I cut the checks, she signs them. I design a layout, she has to proof it before it goes to print...she decides if she likes the colors, fonts,etc. first. I decide we need to upgrade a computer, but I have to run it by her and explain why first...and we may still not buy one.

I have tasks that I do on my own...such as emailing the vendors to request payment at the end of each month-- but this is something that I know I MUST complete at the same time during each month. She doesn't direct it...but it is expected that it be completed each month. She is cc'd on each email/invoice.

My daily routine is not necessarily 'directed', in that, I know what I have to do for the most part...and I try to complete all of those tasks within my time in the office. But, I have to check in with the owner 2-3 times per day to give an 'overview' or 'update' of what is on my desk, what I'm doing currently, and what I intend to do. She will oftentimes interrupt what I'm doing to have me work on something else that is deemed as a higher priority...this occurs at least once a day.

Not sure if that helps at all... either way, thank YOU for your time and efforts.

My best guess, based on your description, would be non-exempt. Any other opinions? Robb? Scott? Patty?

I'm definitely not as educated as the three posters cbg mentioned, but judging by how we pay our ee's here, you would be considered non-exempt.

We have a woman in the office that orders plans (we're an electrical contractor), does pay requests, helps gather job information, sends out for contracts, communicates with the vendors, orders materials, etc. She has to check with the owner about a lot of things, but some she does independently (such as getting out the pay requests by the desired date as you do). She can work independently, but a lot of what she does must be approved.

She is considered non-exempt and we pay her hourly. She is paid any overtime earned at 1-1/2 times the rate of regular pay.

Hope this helps!

It seems, as I have been looking , that if one has any type of office/desk job they are exempt.

No, that is not true. Not all office types can be exempt.

First test is do you make at least $455 a week on a salaried basis?

If not, you cannot be exempt.

If you ARE paid at least $455 a week, then we could get into more details about what you do and how much discretion you have. You do not have to supervise employees to be exempt (that applies only to "executives" and the term is really used loosely, since any supervisor could fit the term).

This could be a close call, given what you have posted. The boss has to approve virtually everything. Could be micromanaging that would not happen but for the style of the boss.

I would lean to calling you non-exempt and eligible for overtime.

Thank you again; it is very much appreciated!

I agree with ScottB.