Salaried - Exempt vs Non-Exempt

[isimaster]

While reading other legal information sites.
I have seen a great deal of information about the number of companies that don't "get it right". I am a Salaried employee. I do not receive overtime, I am required to carry a pager. I am allowed Comp time. I have proposed to management a pager compensation package. To date, no response.
Over the years at various companies I have asked this question, I have yet to be given an answer.
Where can I find the legal definition for Salaried Exempt vs Non-Exempt in the state of Massachusetts?

 

[Cal Guy]

Call the Mass Dept of Labor!

 

[isimaster]

Thanks for the Info Cal, but it isn't the Mass Dept of Labor, it's the Attorney Generals Office. Now for the story. If any lawyers want to take a look at this
and give me your opinion feel free. Start by going to: http://www.magnet.state.ma.us/legis/laws/mgl
the chapter is 151 section 1A. click on the URL that takes you to another web page. In the list #3 fits my situation. In particular the word professional. I now wanted a definition of the word, so I called the AG's office. (617)727-3465. They said, hold on cowboy, we don't do that, you'll have to contact the US Department of Labor. http://www.dol.gov click on laws and regs.
click on search, enter 541.303. In the score column I picked 0.82 Computer related occupations under public law 101-583. Scroll down you will see a lot of verbage.

I thought I had what I was looking for, to confirm, I called the US DOL (617)-565-2066

I started by referring to the law 541.303, they said they had no idea what I was talking about, put me on hold. Came back on the line,they asked me two questions. What is your job title and how much do you make.

I won't mention salary here, however, he sounded irritated, snapped out, "I won't even take a complaint" I hadn't intended to complain, just asking questions. I guess he was upset, cause I make more money than he does.

Bottom Line: I AM EXEMPT. In their opinion.

For the curious, take a look, see what you think.

 

[lawguy]

yeah, it's a real headache to figure out the exemption laws. plus, there's both STATE and FEDERAL exemption laws, and they don't always line up.

for example, besides the "professional" exemption and the other "white-collar" exemptions (administrative & executive), there are exemptions (under federal law) for Navaho silver jewelery makers, taxicabs, babysitters, and holly-wreath makers. every exemption has its own set of rules.

basically, for the professional exemption (under fed law), you've got a real low salary threshold (every real professional makes more than the minimum required if they're paid a salary) plus a "duties" test: you have to be certified or have a license, you have to spend your worktime doing exempt professional duties, these duties must be your primary duties, etc.

it's a very fact-specific issue that depends on the individual's job duties and actual performance. so, you can read the pages of regulatory nonsense and figure out the situation, or wait for the department of labor or a lawsuit to figure it out for you.
no one can tell by asking your job title whether or not you're exempt.