• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Am I exempt?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

windingmeup

Junior Member
What is the name of your state? California

This is the first of two questions. I will ask the other question as a separate post.

My question has to do with Exempt versus non-exempt and overtime. I am an exempt employee and am required to work significant overtime over the course of a year (about 250 hours/year). If I don't meet this requirement, I can receive a negative review. I don't have a problem with this overtime, but I am now wondering whether I should be classified as a non-exempt employee and thus should be paid for overtime hours.

Many of the duties I now perform are handled by non-exempt employees on our other accounts. Other companies are also following suit. Originally when I took this job 10 years ago IT folks were in demand and part of the lure of employment was high salary and exempt status. I am paid reasonably, but in the last three years my company has not given me a raise and now hire non-exempts to do the kind of work I am now doing.

Specifically I am doing computer phone support, installation and set-up of new machines, and trouble resolution (level 2). My duties three years ago were significantly more challenging. Our 10 year contract is coming to an end and much of the work has gone back to our customers IT department. As a result my boss took all the more challenging tasks and assigned them under one person (Team Lead). Everyone else is responsible for the duties I mentioned above. I feel I have lost my Exempt responsibilities. I have always received very good reviews from my Bosses. I am very frustrated and obviously the right thing to do is find a new job. I am actively doing that. In the meantime I want to find out if I am entitled to get paid for any overtime my company required me to work

I found some good information on the web about non-exempt versus exempt but I could not find any specifics for computer professionals duties. I find it interesting that my company and others are now hiring non-exempt computer people (at significantly lower wages) but perform the same work duties I do. My boss has been treating all of his exempt employees very badly (I will post another question related to this). I believe he is doing this in hopes of getting them to quit or go to different positions so he can get his costs down by bringing in non-exempt computer technicians to do our work. Makes sense from a business perspective but it's very disheartening if you are the worker caught in this environment.

Please comment on my situation.

Thanks,
 


cbg

I'm a Northern Girl
There really is no way for anyone here to tell you with certainty whether you are or are not exempt. Your best bet would be to contact the Federal Department of Labor, describe your duties, and get an opinion from them.
 
C

cham4

Guest
Check with the state DOL. CA has stricter rules regarding computer professional than the Feds. They outline numerous duties you must perform to be exempt in your industry. Federal exemption requires you being paid $27.63 per hour and CA requires you be paid $42.64 per hour (though this amount may be adjusted annually by the state). This new increase in wage came in 2002. You need to get ahold of a 2002 CA labor law manual and it will explain the "test" required for you to be classified exempt.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top