I am on call 24 hrs a day 4-5 days a week and I dont get compensated for it. I get calls frequently and have to fix problems over the phone threw a vpn connection and also on site if need be. I dont think that I fit the criteria of salary exempt status and I think I also fit the criteria for on call compensation.
The only exemption that might apply to your duties is the computer professional exemption.
If your job does not fit every part of the exemption, you are not exempt and the employer is required to pay you for all the time you actually spend working. Here is what the Department of Labor says about the Computer professional exempt status:
You have to be paid a genuine salary of at least $27.63/ hour
You have to be employed as a systems analyst, computer programmer, software engineer, or a similar job and
Your primary duty must be
a. Application of systems analysis techniques including consulting with users to determine hardware, software or system functional specifications
b.The design, development, documentation, analysis, creation, testing or modification of computer systems or programs including prototypes based on and related to user or system design specification;
c. The design documentation, testing creation or modification of computer programs related to machine operating systems or
d. A combination of the aforementioned duties, the performance of which requires the same level of skills.
If your primary duty (the job on which you spend most your time) does not fit into a, b, c, or d, then you are not exempt under this exemption.
Supervisors are not automatically exempt. Executives (who head a company or a recognized subdivision of a company) are. To be exempt they have to have hiring or firing authority over at least 2 people.
Michael A. Caldwell
404-979-3150
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