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Question about Exempt Administrative

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  • Question about Exempt Administrative

    Pennsylvania - I have a specific question about "Exempt Administrative". I work in an advertising firm, and I read the following info on the DOL website:

    Directly Related to Management or General Business Operations

    To meet the “directly related to management or general business operations” requirement, an employee must perform work directly related to assisting with the running or servicing of the business, as distinguished, for example from working on a manufacturing production line or selling a product in a retail or service establishment. Work “directly related to management or general business operations” includes, but is not limited to, work in functional areas such as tax; finance; accounting; budgeting; auditing; insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations; government relations; computer network, Internet and database administration; legal and regulatory compliance; and similar activities.

    Employer’s Customers

    An employee may qualify for the administrative exemption if the employee’s primary duty is the performance of work directly related to the management or general business operations of the employer’s customers. Thus, employees acting as advisors or consultants to their employer’s clients or customers — as tax experts or financial consultants, for example — may be exempt.

    Does that mean just because I work in the advertising field, I am automatically meeting this duties test?

    Thanks in advance.

  • #2

    No, it does not. It is still dependent upon your responsibilities. It's just that in the past, people working in advertising, such as those participating in design, etc., were often classified as non-exempt.

    If a person is truly doing manual work, such as a file clerk in an advertising agency, he/she would still be considered as non-exempt.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator