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Exempt vs Non-Exempt Status - Classified wrong?

W

WingZero94

Golden Member
So I work for an organization as an IT Project Manager. I don't get to decide the projects that I do or the content of said projects. I frequently have to work nights and weekends (email) to keep the projects moving. The more I read about how companies are violating wage and hour laws makes me start wondering if i'm classified incorrectly. In addition to this project work, we were just informed that we were to be put on the 'on call' rotation for 4 weeks per year. This would be answering calls from users that were having urgent problems with operational systems. It is very much scripted and can happen at any time.

I've done some research, however law is not my strong area. I also just read this article which opened my eyes up:

http://www.msnbc.msn.com/id/20908975/

Anybody have any experience in this area?
 
If you have a problem with it, bring it up with management.

But don't go accusing the company of mis-categorization, just say you would like some compensation for the extra hours worked.
 
Originally posted by: Imdmn04
If you have a problem with it, bring it up with management.

But don't go accusing the company of mis-categorization, just say you would like some compensation for the extra hours worked.
Click to expand...

Well unfortunately managements position is to look the other way and not address the issue.
 
at my work, if you make over certain $, you don't get overtime.

and your job description doesn't sound like a 100% project manager if you have to do those tech support stuff.
 
Originally posted by: WingZero94
Originally posted by: MazerRackham
Wait, so you are classified as exempt now?
Click to expand...

Yep
Click to expand...

Okay, well I think (and I am probably wrong) that if you are told your schedule ahead of time, you pretty much have to work it. I'm exempt, but thankfully I'm rock solid at exactly 40 hours/week. People in other areas of my company that are exempt regularly work 50-60 hours/week, however they knew that going in.

If you don't want to work these hours, you should find another job. Or at least threaten to leave... maybe your hours/responsibilities will be reduced if you do? Doesn't sound like you enjoy working there either way.
 
Originally posted by: MazerRackham
Originally posted by: WingZero94
Originally posted by: MazerRackham
Wait, so you are classified as exempt now?
Click to expand...

Yep
Click to expand...

Okay, well I think (and I am probably wrong) that if you are told your schedule ahead of time, you pretty much have to work it. I'm exempt, but thankfully I'm rock solid at exactly 40 hours/week. People in other areas of my company that are exempt regularly work 50-60 hours/week, however they knew that going in.

If you don't want to work these hours, you should find another job. Or at least threaten to leave... maybe your hours/responsibilities will be reduced if you do? Doesn't sound like you enjoy working there either way.
Click to expand...

Yea - it's been a decent job but i'm looking. I would like to be compensated for the MANY extra hours worked IF i'm entitled to them.
 
Originally posted by: WingZero94
Originally posted by: MazerRackham
Originally posted by: WingZero94
Originally posted by: MazerRackham
Wait, so you are classified as exempt now?
Click to expand...

Yep
Click to expand...

Okay, well I think (and I am probably wrong) that if you are told your schedule ahead of time, you pretty much have to work it. I'm exempt, but thankfully I'm rock solid at exactly 40 hours/week. People in other areas of my company that are exempt regularly work 50-60 hours/week, however they knew that going in.

If you don't want to work these hours, you should find another job. Or at least threaten to leave... maybe your hours/responsibilities will be reduced if you do? Doesn't sound like you enjoy working there either way.
Click to expand...

Yea - it's been a decent job but i'm looking. I would like to be compensated for the MANY extra hours worked IF i'm entitled to them.
Click to expand...

Google FLSA

 
I have no idea what the law is, but at my company:

college degree, paid salary -> exempt (engineers, scientists, management)
no degree, paid hourly -> non-exempt (facilities, technicians)

I'm "exempt", but I still get paid straight time for my OT.
 
What are your exact duties, and how much to you get paid, approx? Job titles don't define exemption status, duties do.

Edit: And what state do you work in?
 
Originally posted by: JDub02
I have no idea what the law is, but at my company:

college degree, paid salary -> exempt (engineers, scientists, management)
no degree, paid hourly -> non-exempt (facilities, technicians)

I'm "exempt", but I still get paid straight time for my OT.
Click to expand...

Education and job title do not determine exemption status.
 
Originally posted by: SacrosanctFiend
Originally posted by: JDub02
I have no idea what the law is, but at my company:

college degree, paid salary -> exempt (engineers, scientists, management)
no degree, paid hourly -> non-exempt (facilities, technicians)

I'm "exempt", but I still get paid straight time for my OT.
Click to expand...

Education and job title do not determine exemption status.
Click to expand...

He didn't say they did. He just pointed out how it works at his company. There may possibly be technicians and facilities workers at his employer with a degree...but that's probably not the norm.
 
Originally posted by: Gooberlx2
Originally posted by: SacrosanctFiend
Originally posted by: JDub02
I have no idea what the law is, but at my company:

college degree, paid salary -> exempt (engineers, scientists, management)
no degree, paid hourly -> non-exempt (facilities, technicians)

I'm "exempt", but I still get paid straight time for my OT.
Click to expand...

Education and job title do not determine exemption status.
Click to expand...

He didn't say they did. He just pointed out how it works at his company. There may possibly be technicians and facilities workers at his employer with a degree...but that's probably not the norm.
Click to expand...

I was referring to his "college degree, paid salary -> exempt." Neither determine exemption.
 
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