more questions about exempt status?

[windingmeup]

What is the name of your state? California

I posted a question last week in this forum about whether my job duties could be classified as non-exempt thus entitling me to overtime. At this years end, I will have worked over 400 OT hours without pay or compensated time off . I have done a lot of research this week including contacting the DOL.

I am a Computer professional and I perform duties such as answer computer help desk phone lines (level 1 support). I also install and set-up new computers. I also perform level 2 tech support (go out and fix computers that could not be fixed over the phone) I am a tech Lead in our group but my I spend a very small percentage of my time performing those kinds of duties (10%).

Here is my confusion. I found a Bill in California called SB 88. It was passed in the year 2000. It creates a special exemption for Computer Professionals. Here is the part I can't figure out. If I am an exempt computer professional the laws says that I must be paid $41 an hour (I am paid substantial lower than that rate). Since I am not being paid that rate I am definitely not a Computer professional unless somehow they can include the money that the company kicks in for my health and life insurance and 401K matching as part of my salary. Even still I may not meet that number

If I am not an Exempt Computer Professional can I simply be an Exempt Professional even though I strictly perform computer maintenance related duties? I personally don't feel like I exercise much creativity, discretion and independent judgment (which is part of the requirement for Exempt Professional.

I did find out this week that our company switched all the help desk personnel from exempt to non-exempt and paid them for all their OT aquirred the last year. I am not a permanent help desk employee. I am only being sent there to help out about 12 hours week. I thought that was interesting though. Please comment.

 

[gooberitiz]

HINT......Level 1 and most of level 2 help desk people ARE NOT PROFESSIONALS!

They are kids, usually McDonalds type kids, in fact to show you how unprofessional help desk people are...

I have Verizon DSL, and the help desk is trying to help me with some line problems, and the persons on the phone DONT EVEN OWN A COMPUTER AT HOME!!!!

So how can they be Professionals?

Level 3 is where you can start to say they are.

 

[windingmeup]

What would level 3 be?

I answered part of my own question through additional research but still have one more question that I hope can be answered. I mentioned California state bill SB 88 before and it's clear now that I do not apply. I am a Salaried exempt and SB 88 applies to exempts receiveing an hourly wage.

I realize now that I am considered a exempt professional. However, I am trying to understand if the job duties I perform are indeed exempt.

The last several years my duties have comprised of:

1) Troubleshooting problems on customers PC computers (25-35% of time)
2) Installing and configuring new PC computers for customers (10-25% of time)
3) Computer Help desk (phone support) last several months (15-25% of time).
4) General work (reading e-mail, filling out time card, following company procedures)(10-20% of time)
5) Acting as a technical lead for other team members (5-10% of time.

I am a Technical Lead. Because of this my boss put on my performance expectations for 2002 that I should close more tickets and complete more installations than the team average (because I am in a higher pay band and am more advanced technically).

I have read the FLSA and I don't feel like my job is a professional position. It does not require a degree or certification (all though I have both). Most people on our team have neither. My boss told me last year, from now on the company will be hiring non-exempts (on new acounts) to perform the same duties I am. The reason he told me this is because I was expressing my concern about the 2nd year in a row with no salary raise. He gave me that hint in hopes I would try to move on to bigger and better things. I have tried but have not had any success getting out of this group.

Do my duties sound like I should be non-exempt?

Thanks....