Sort of / kind of / depends. The reality is most that are listed as exempt are probably not. But as long a there is not a complaint to the labor board (and a lawyer) the situation will probably remain status quo, especially in these wonderful economic times.
Not part of the article but IT workers were also affected. http://www.energypulse.net/centers/article/article_display.cfm?a_id=811 Complaining to a labor board, getting a lawyer, those are all things involving risk so people tend not to do them. Steven On Tue, Jan 6, 2009 at 9:02 AM, Jacob <[email protected]> wrote: > In California, you have to computer exempt professionals at least $37.94 per > hour.. or about $79K per year. > > > > From: Jake Gardner [mailto:[email protected]] > Sent: Tuesday, January 06, 2009 8:54 AM > To: NT System Admin Issues > Subject: RE: OT - Staffing Overtime > > > > I'm still a little confused here... according to the DOL document, > http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf a > large portion of computer workers fall under Professional Exemption. I'd > say that any SysAdmin or NetAdmin or the like that has certs or degrees will > not qualify for any exemption. Helpdesk/support usually are certified, but > most likely do not fit in Professional Exemption as well as do not qualify > for Computer Emp Exemption. > > > > Pay 'em > > > > > > > > > > Thanks, > > > > Jake Gardner > > TTC Network Administrator > > Ext. 246 > > > > > > ________________________________ > > From: Eric Brouwer [mailto:[email protected]] > Sent: Tuesday, January 06, 2009 11:42 AM > To: NT System Admin Issues > Subject: Re: OT - Staffing Overtime > > 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 > > > > > > > > > > > > > > > > > > ***Teletronics Technology Corporation*** > This e-mail is confidential and may also be privileged. If you are not the > addressee or authorized by the addressee to receive this e-mail, you may not > disclose, copy, distribute, or use this e-mail. 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