Understanding Overtime Eligibility for Administrative Staff
Article: June 2025
Can administrative support staff be salaried and exempt from overtime? The short answer is – It depends on job duties, salary level, and increasingly, state-specific rules. Under the Federal Fair Labor Standards Act (FLSA), employees are classified as either exempt (not eligible for overtime) or non-exempt (eligible for overtime pay after 40 hours/week). For administrative staff to be considered exempt, they must be paid at least $684/week ($35,568/year), perform non-manual office work, and have independent judgment and discretion on significant matters (not just data entry, scheduling, or clerical work).
Simply giving someone a title or putting them on salary does not make them exempt. The issue becomes more complex for companies operating in multiple states. For example, Connecticut, New York, and Massachusetts may have stricter salary thresholds or interpretations for exemption eligibility. In these cases, the state with the most protective laws for the employee usually applies. If your administrative support team works across state lines (even remotely), you must assess where the employee physically performs work, which state’s wage laws apply to that location, and whether any of those states exceed federal standards.
The greatest risk areas for employers are
- Misclassification: If an employee doesn’t meet the criteria for Exempt, they must receive overtime—even if paid a salary.
- Inconsistent State Compliance: Not updating your classification approach to reflect changing state laws or roles can trigger audits or backpay obligations.
- Remote/Hybrid Models: If an employee works from home in another state, that state’s laws apply—even if the corporate office is in CT.
The bottom line is employers should regularly review job descriptions, pay structures, and where employees are performing their work. Misclassifying an employee can lead to costly penalties, back wages, and reputational harm.
When in doubt, consult an HR professional or employment attorney familiar with multi-state compliance. For help understanding these regulations or ensuring your business is compliant, contact the Chamber office and be connected to a CHUMCAP specialist. CHUMCAP is a partner HR program of the Southington Regional Chamber of Commerce and industry experts to provide information that helps you protect your business and your employees. Need Advice? Visit the CHUMCAP page at SouthingtonChamber.com or call the Chamber office 860.628.8036. (This content is a collaboration of the Southington Regional Chamber and eGAGE and Law Office of Allie Levene.)