In Maryland, if you call him a network administrator they are now qualified
as a hi-tech/computer feild, and you must pay him 6 times the minimum wage
to by-pass overtime laws.
The better way to do it, is give the on call duty personel titles that are
NON-technical such as "installers and drivers". In a past law suit, we got
around it by finding a law that basically stated that if they were an
inter-state (driving between two states) driver they were exempt from
overtime laws. This law was meant for truck drivers, but was still legal to
apply to other industries that had similar duties. The fact that your
installers work with out supervision, and often cross state lines (in our
case 3 states), and transport goods (the radio equipment needed) it
qualified them. I don't remember if this was state or federal law. This
solved the problem for us, but if someone else plans to use this legislation
as the basis for no overtime, it should be addressed in advance with your
attorney, on whether it fits your case, and he feels he can use it to defend
you on your specific case. The technical administrators are the guys in the
office instructing, and the guys in the field are the "drivers" delivering
good and manual labor unloading the gear onto the tower mounts :-)
Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband
----- Original Message -----
From: "David E. Smith" <[EMAIL PROTECTED]>
To: "WISPA General List" <[email protected]>
Sent: Wednesday, November 08, 2006 10:51 AM
Subject: Re: [WISPA] on call staff
Travis Johnson wrote:
That's not legal (at least not in Idaho). Someone on salary still can
only work 40 hours per week unless they are a "manager", meaning they
have 3 people "under" them, or they are a "professional" position
(lawyer, doctor, etc.).
My business card says "Network Administrator," which probably qualifies me
as a professional. Realistically, though, it's rarely a problem; we only
have big weekend outages once every couple of months. Besides, it gets me
out of the house. :D
Obviously, this is one of those things that will vary from state to state,
and is probably best taken up with your friendly neighbourhood lawyer.
David Smith
MVN.net
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