HR is most likely acting for the Company, and saving money by not  
giving an argument for more money.


On Jan 6, 2009, at 10:48 AM, Sherry Abercrombie wrote:

> 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]> 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] 
> > 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]> 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
>
>
>
>


Eric Brouwer
IT Manager
www.forestpost.com
[email protected]
248.855.4333





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