Am I wrongfully classified as an exempt employee?

[kel6280]

What is the name of your state (only U.S. law)? LA

Currently I work for a corporate IT organization. I am classifed as an Architect/Exempt computer professional. However, I am required to work long hours, be on call 24/7, and get a lower salary than most hourly non-exempt employees.

How can I make sure my job is classified correctly? I work on computer hardware, and software. I no longer have access to the software I support. Instead support is outsourced. I believe they classify us as an architect to get out of having to pay OT and on call pay. On average they have gotten about 15,000 worth of free work from me this year. I am paid on an hourly rate at a fixed 8 hours a day, regardly of how many hours I actually work. How can this be justified? I know the law and I dont know how they are getting past it.

[pattytx]

Have you confirmed you belief by talking to a DOL investigator? Call them.

[kel6280]

I have tried to get someone from my State on the phone and have emailed many times with no reply. I was told to contact the DOL again and they would get someone from my state to contact me. I just wanted to make sure I as on the right track.

[pattytx]

Not the state DOL, the federal DOL. It usually does take 2-3-4 days to get a call back.

[kel6280]

the Federal DOL referred me to the local office for LA DOL. Thats where it is hung up at. Any ideas?

[pattytx]

You might want to search the DOL opinion letters and see if there are any that are similar to your situation.
[url=http://www.dol.gov/esa/whd/opinion/opinion.htm]U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division (WHD) - Opinion Letters[/url]

[ArmyRetCW3]

Originally Posted by kel6280

What is the name of your state (only U.S. law)? LA

Currently I work for a corporate IT organization. I am classifed as an Architect/Exempt computer professional.

I am paid on an hourly rate at a fixed 8 hours a day, regardly of how many hours I actually work. How can this be justified? I know the law and I dont know how they are getting past it.

As an IT worker paid on an hourly rate of $27.63, you may be an exempt worker. Otherwise, no need to call the Labor Dept-Wage Hour Div, unless if to file a cliam for overtime pay. Most exempttion you must be paid a guarrantee salary of $455, not an hourly rate, unless you are an IT worker. As an IT worker you can be paid on an hourly basis of $27.63, in addition to meeting the job requirements...

Section 13(a)(1) and Section 13(a)(17) of the FLSA provide an exemption from both minimum wage and overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and who are paid at least $455 per week on a salary basis or paid on an hourly basis, at a rate not less than $27.63 an hour.

Job titles do not determine exempt status. In order for this exemption to apply, an employee’s specific job duties and compensation must meet all the requirements of the Department’s regulations.

Read the below link...

[url]http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf[/url]