+1 on going over the head of the HR person and forcing them to do THEIR job or getting them fired. There are additional laws in Ohio that they need to also check into. I believe you owe them OT or comp time.
From: Sherry Abercrombie [mailto:[email protected]] Sent: Tuesday, January 06, 2009 10:49 AM To: NT System Admin Issues Subject: Re: OT - Staffing Overtime Your HR person needs to be fired. Seriously, this kind of thing is their job, and it sounds like you are doing the research and stating what the laws and such are instead of them. Any possibility of comp time being given? Sounds like you are on the right track and have done the research to back your position. Unfortunately, it seems that you'll have to go to an outside source. On Tue, Jan 6, 2009 at 9:35 AM, Sean Houston <[email protected]<mailto:[email protected]>> wrote: I appreciate the feedback. You always realize the things that seem so obvious that you forget to mention because you're trying to even wrap your head around the situation. The company has brances in several states, but the main office & the IT staff is located in Ohio. Our HR department / person... has not been to helpful when it comes to the entire situation. I believe all of our IT department excluding our manager would be considered non-exempt. The articles I've been through (about 20) are mostly federal documents. They all state that unless you make over a certain wage ($455 per week for Salary & $27.63 for Hourly) and work as the programmer, analyst, developer, etc, which none of us are, we cannot be considered Exempt. I figure we'll have to hire a lawyer or outside HR professional to just answer our questions ;) I just wanted to say thank you in advance, I appreciate any feedback. Thanks again, Sean Houston On Tue, Jan 6, 2009 at 10:23 AM, Sherry Abercrombie <[email protected]<mailto:[email protected]>> wrote: Get your Human Resources Dept. involved. They should know exactly what the rules/laws are, and should have the authority to squash any opposition you are getting. On Tue, Jan 6, 2009 at 9:15 AM, Sean Houston <[email protected]<mailto:[email protected]>> wrote: I was curious as to what everyone does here (or your company does) in regards to IT staff and salaries. I'm not management, but when it comes to anything IT related I'm the go to guy. I know there is a lot of gray area in regards to how salary and overtime works especially in relation to IT work. >From what I can tell according to the department of labor unless your primary >job is a systems developer, analyst, programmer, etc your employer is required >to pay you overtime unless you are management. We have IT Technicians who are >salary, but they are going to have to start working overtime soon. I believe >the company is required to pay them overtime, but I'm meeting some strong >opposition on this. I've read even if there is an agreement between the >employee and employer, or the salary is based on 50 hours, these types of >agreements are restricted by the department of labor. Anyone have any thoughts, or even better, experience with such things? Thanks! Sean Houston -- Sherry Abercrombie "Any sufficiently advanced technology is indistinguishable from magic." Arthur C. Clarke -- Sherry Abercrombie "Any sufficiently advanced technology is indistinguishable from magic." Arthur C. Clarke ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
