• 11 minutes

Executive Exemption


The Federal Executive Duties Test – you only have to meet one of the expectations of job duties.

Typically, the primary duty of an executive is considered the principal or main duty that the employee performs. An executive should regularly direct work of two or more employees and have the authority over hiring and firing. The requirements set out by the government are pretty straightforward however paying attention to the details of what defines each requirement is important. This video reviews definitions of each requirements for executive and administrative exemptions.

Runtime: 10 minutes



Michael J. Sciotti, Esq.

Michael J. Sciotti, Esq.

Barclay Damon LLP

  • Partner with Barclay Damon, LLP and a member of the firm’s labor and employment law and health care and human services practice areas
  • Practice includes the defense of employers and members of management in all types of discrimination, harassment, whistle-blower and retaliation claims brought under Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, New York State Human Rights Law, New York State Labor Law and numerous other laws
  • Defends all types of wage and hour actions brought under the Fair Labor Standards Act and the New York State Labor Law
  • Represented numerous employers and fiduciaries in claims involving the Employee Retirement Income Security Act; represented numerous employers in dealing with the New York State Workers’ Compensation Law on various issues
  • Provides day-to-day counseling for employers in all aspects of labor and employment law, and conducts internal investigations, audits, and supervisory and employee training on a regular basis
  • During his 26 year career, he has presented more than 500 times on a wide variety of labor and employment topics for many organizations including the Society for Human Resource Management, American Payroll Association, American Corporate Counsel Association, New York State Society of Certified Public Accountants, Northern District of New York Federal Bar Association, New York State Bar Association, and Lorman Education Services
  • Admitted to practice in New York and the District of Columbia
  • Member of the New York State Bar Association, and is the immediate past president for the Northern District of New York Federal Court Bar Association having served as an officer of the bar association for more than five years
  • Awarded - The Best Lawyers in America, 2016, Syracuse Employment Law - Management Lawyer of the Year; The Best Lawyers in America, 2016, Syracuse Labor Law - Management Lawyer of the Year; The Best Lawyers in America, 2017, designation in the areas of employment law – management, labor law – management, and litigation – labor and employment; 2017 Upstate New York Super Lawyers; and 2017 Pro Bono Service Award from the United States District Court for the Northern District of New York
  • LL.M. and J.D. degrees, Syracuse University College of Law; B.S. degree, summa cum laude, Rochester Institute of Technology

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