I've certainly seen companies that would rather pay their attorneys  
for litigation than just pay their employees or bills for that matter.

On Jan 6, 2009, at 11:20 AM, Sherry Abercrombie wrote:

> 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
>
>
>
>


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





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