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:er...@forestpost.com] 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 <er...@forestpost.com> 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 <seanthous...@gmail.com> 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 <saber...@gmail.com> 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 <seanthous...@gmail.com> 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 er...@forestpost.com 248.855.4333 -- Sherry Abercrombie "Any sufficiently advanced technology is indistinguishable from magic." Arthur C. Clarke Eric Brouwer IT Manager www.forestpost.com er...@forestpost.com 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. If you have received this e-mail in error, please notify the sender immediately by reply e-mail or by telephone at 267-352-2020 and destroy this message and any copies. Thank you. ******************************************************************* ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
