True, but they are in effect setting the company up for a lawsuit that the company would lose, which would result in the company spending a whole lot more money than they would if they just paid the OT and/or gave comp time.
On Tue, Jan 6, 2009 at 10:15 AM, Eric Brouwer <[email protected]> wrote: > 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 > > > > > > > > > > -- 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/> ~
