I live in New York City. I have been employed by a retail company for 4 years. Position is Computer POS systems Support technician (40% time doing help-desk support 60% time in the field) I am a salary employee, 56k a year. There are 5 other individuals who have the same position as me and we are required to do the following as described below.
Since I started, there has been something called "On-call" which I am forced to work every other week. I work my regular 9-6 schedule 5 day week but then every other week Fri 9am-6pm then be "on-call" from 6pm-2am , Sat 8am-5pm then on-call from 5pm-1am
That's an extra 8 hours on that Friday night + 8 hours on that Saturday night = 16 hours every other week. That equals to an extra 52 days per year that I am working !! for free without compensation
*On-call means I have to immediately support any calls that come in via phone support, and 90% of those calls require that I be at a location with my laptop and with internet access aka Home to address those calls.
The company does not pay me overtime nor compensate me with comp time, and my managers do not acknowledge that there is an issue, "If i do not like it there is the door"
***The Question is ...
Is my position exempt or non-exempt from overtime pay by being a salary employee?
-From my understanding i should get it, i am not in any executive or managerial position.
I am stuck, i do not know whom to contact, the managers above me don't acknowledge the issue, and from what Ive been told if i go to human resources they will just communicate with my direct managers to discuss the issue which will make the situation even worse.
Any advice would be helpful.
Thank you
Since I started, there has been something called "On-call" which I am forced to work every other week. I work my regular 9-6 schedule 5 day week but then every other week Fri 9am-6pm then be "on-call" from 6pm-2am , Sat 8am-5pm then on-call from 5pm-1am
That's an extra 8 hours on that Friday night + 8 hours on that Saturday night = 16 hours every other week. That equals to an extra 52 days per year that I am working !! for free without compensation
*On-call means I have to immediately support any calls that come in via phone support, and 90% of those calls require that I be at a location with my laptop and with internet access aka Home to address those calls.
The company does not pay me overtime nor compensate me with comp time, and my managers do not acknowledge that there is an issue, "If i do not like it there is the door"
***The Question is ...
Is my position exempt or non-exempt from overtime pay by being a salary employee?
-From my understanding i should get it, i am not in any executive or managerial position.
I am stuck, i do not know whom to contact, the managers above me don't acknowledge the issue, and from what Ive been told if i go to human resources they will just communicate with my direct managers to discuss the issue which will make the situation even worse.
Any advice would be helpful.
Thank you
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