A client once asked, “I pay my assistant $1,300 a week — she’s salaried, so she’s exempt, right?” Not necessarily. Salary is just one piece of the puzzle. The duties a person performs matter just as much — and often more.
Misclassifying someone as exempt when they don’t actually qualify is one of the fastest ways to end up in a wage and hour lawsuit in New York.
Here’s how the law defines the actual job duties that count under the executive, administrative, and professional exemptions.
1. Executive Exemption — It’s About Managing People, Not Just Tasks
To qualify for the executive exemption, an employee must:
- Regularly supervise at least two full-time employees
- Have authority over hiring, firing, or promotions — or have serious input
- Primarily perform managerial duties, not just handle day-to-day tasks
- Earn at least $1,237.50 per week in NYC or $1,161.65 per week in the rest of NY (2024)
A manager who spends most of their time cleaning, stocking, or working the register may not qualify — even if they have the title.
I’ve seen “store managers” win lawsuits because their actual role looked more like a shift lead with no real authority.
2. Administrative Exemption — It’s About Judgment, Not Just Support
The administrative exemption covers workers who:
- Perform office or non-manual work
- Support management or general business operations
- Use independent judgment and discretion on matters of importance
- Earn the required weekly salary threshold (same as above)
This exemption is often misused. Just because someone handles admin work — scheduling, customer service, data entry — doesn’t mean they’re exempt. The key is whether they’re making decisions that affect the business, not just carrying out instructions.
3. Professional Exemption — Specialized Knowledge and Advanced Degrees
To qualify under the professional exemption, an employee must:
- Do work that requires advanced knowledge in a field of science or learning
- Usually have a degree that supports that work (think law, medicine, accounting, engineering)
- Use that knowledge to solve problems, not follow manuals
- Meet the minimum weekly salary requirement
Graphic designers, IT workers, and marketers often get lumped in here — but unless their work meets the legal standard, they’re not exempt.
And Remember: All 3 Exemptions Require Passing the Salary Test
As of 2024:
- NYC: $1,237.50/week = $64,350/year
- Rest of NY: $1,161.65/week = $60,405.80/year
These thresholds will rise again in 2026:
- NYC: $1,275.00/week
- Rest of NY: $1,199.10/week
Miss the duties test or the salary threshold? That worker must be paid overtime. Period.
What I Tell Employers and Workers
Titles don’t matter — duties do. Just because someone’s called a “manager” or “analyst” doesn’t make them exempt. The law looks at what they actually do, how they’re paid, and whether they use independent judgment in their daily role.
If you’re not sure whether your job — or your employee’s job — meets the legal criteria, don’t guess. That’s where mistakes become lawsuits.
Our wage and hour lawyers review employee classifications for compliance and represent workers who’ve been misclassified and underpaid.
Need help figuring it out? Contact us — The Samuel Law Firm is here to make sure you get it right.
