What is the name of your state? Texas
I'm a contractor for an airline company working as a software developer, but I'm an employee of the firm who found the job for me. There was a bit of dispute over exempt vs. non-exempt, but since I make $35/hour, they told me I'm considered exempt.
However, there is some confusion on what the on-call pay is supposed to be as I told them before I agree to an on-call shift, I want to get a clear answer on what exactly that means as far as overtime and if not working while on call is supposed to be included.
One source I found states that exemptions for on-call are only from exempt and salaried employees. So, they told me that I would get paid if I was actually doing work while on-call and if the airline doesn't want to be billed for overtime, they'd have to cap my hours at 40, meaning if I was working 2 hours while on call, they'd have to let me off 2 hours early on Friday.
However, there is also the engaged to wait definition that states if my freedom is limited while on call, then I'm supposed to be paid for that time too, but I'm not sure exactly what the criteria is. The way I see it, is that I work a 2nd job at a hotel on an as-needed basis, but I would have to turn down shifts for supplemental income because I would have to answer the call and fix any software related issues that are impacting revenue or data regulations, so then I wouldn't be able to tell them I can get to it after what I'm currently doing ends, so to me that means engaged to wait.
They're telling me that was part of the job description, but at the interview I had no idea what they'd be paying as it is not set in stone before the job offer or if it would be salary or hourly, so that changes things from when I was interviewed. So, it really would most likely be only once every nine weeks after I have been fully trained over 2-3 months, but I told them I'm not trying to start a fight or anything or back out on my duties, but I just want to make sure that their policy meets the requirements of the law, and they said they understood that. She said she is not a lawyer, but the sales manager for the client that I work at and is just going off of what has been done before, but if I find any sources that conflict the policy to let them know and they'll go over it with their legal team.
I'm a contractor for an airline company working as a software developer, but I'm an employee of the firm who found the job for me. There was a bit of dispute over exempt vs. non-exempt, but since I make $35/hour, they told me I'm considered exempt.
However, there is some confusion on what the on-call pay is supposed to be as I told them before I agree to an on-call shift, I want to get a clear answer on what exactly that means as far as overtime and if not working while on call is supposed to be included.
One source I found states that exemptions for on-call are only from exempt and salaried employees. So, they told me that I would get paid if I was actually doing work while on-call and if the airline doesn't want to be billed for overtime, they'd have to cap my hours at 40, meaning if I was working 2 hours while on call, they'd have to let me off 2 hours early on Friday.
However, there is also the engaged to wait definition that states if my freedom is limited while on call, then I'm supposed to be paid for that time too, but I'm not sure exactly what the criteria is. The way I see it, is that I work a 2nd job at a hotel on an as-needed basis, but I would have to turn down shifts for supplemental income because I would have to answer the call and fix any software related issues that are impacting revenue or data regulations, so then I wouldn't be able to tell them I can get to it after what I'm currently doing ends, so to me that means engaged to wait.
They're telling me that was part of the job description, but at the interview I had no idea what they'd be paying as it is not set in stone before the job offer or if it would be salary or hourly, so that changes things from when I was interviewed. So, it really would most likely be only once every nine weeks after I have been fully trained over 2-3 months, but I told them I'm not trying to start a fight or anything or back out on my duties, but I just want to make sure that their policy meets the requirements of the law, and they said they understood that. She said she is not a lawyer, but the sales manager for the client that I work at and is just going off of what has been done before, but if I find any sources that conflict the policy to let them know and they'll go over it with their legal team.