Administrative exemption is the exemption that captures the most employees but is also the hardest to understand. Administrative exemption employees must have a primary duty of performing office or non-manual work directly related to management or general business operations of the employer or the employer’s customers. They must exercise discretion and independent judgment on matters of significance. This exemption does not apply to production workers.
Professional exemption is best looked at like two exemptions. One is the learned professional and the other is the artistic professional. Professional exemption employees are a learned professional that must do work requiring advanced knowledge in a field customarily acquired through prolonged instruction. They are also creative professionals who must do work requiring invention, imagination, originality, or talent in a recognized artistic or creative field. An exempt teacher must be engaged in the imparting of knowledge and work within a school system or educational establishment. They must consistently exercise discretion and independent judgment.
In this 43-minute video our speaker, Michael A. Pavlick, covers the importance of correct classification of these three exemptions. Avoid lawsuits by learning the proper exemption for your employees.
Michael A. Pavlick is a Partner in the Pittsburgh office at K&L Gates LLP, and a member of the firm’s Labor, Employment and Workplace Safety Practice Group. He advises employers nationwide on a wide variety of labor and employment compliance, regulatory, best practice and litigation issues, including wage and hour matters arising from the federal Fair Labor Standards Act and related state and local laws. Mr. Pavlick counsels clients on concerns related to the classification of employees, including the exempt vs. nonexempt determination and compensation decisions.
Runtime: 43 minutes
Agenda
Faculty
Michael A. Pavlick
K&L Gates LLP
- Partner in the Pittsburgh office of K&L Gates LLP
- Practice emphasizes all aspects of labor and employment law, with a focus on wage and hour law and traditional labor law
- Has represented a variety of clients in cutting-edge cases and cases of first impression
- Conducts regular seminars and workshops on numerous aspects of labor and employment compliance
- Written several publications related to the areas of labor and employment
- Best Lawyers’ Lawyer of the Year in 2012 for labor and employment litigation in Pittsburgh, and a Best Lawyer pick every year since
- Former judicial clerk for U.S. Court of Appeals Judge
- J.D. degree, magna cum laude and Order of the Coif, Case Western Reserve University; B.A. degree, magna cum laude, Phi Beta Kappa, Drew University
- Can be contacted at [email protected]
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