"Executive" Assistant One frequent miscategorization assumes that an executive assistant who is paid on salary is automatically exempt from overtime rules; after all, the title sounds like the FLSA exempt categories "executive" or "administrative." Here's a good rule of thumb: If an employee doesn't have "change of status" power over at least two other employees, he probably doesn't qualify for an executive exemption. Likewise, an assistant isn't an executive just because she has "control" over access to the CEO; if that assistant actually has the power to sit in meetings and make decisions in the CEO's place, then the exemption is more likely to hold. Last updated January 22 2008: 8:59 AM ET
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