Tons of problems here. I work on computers in Michigan. I do some programming (not much anymore), but am mainly the network guy now. I'm on call 24/7 for anything that comes up, regardless of what area. When I took over this job I was offered to be paid seperate for weekend work??? Sometimes they offer me comp time, but only when they feel like it. How do I know what's what?

First thing we need to establish is whether or not you are exempt or non-exempt. If you are exempt, comp time is legal but not required; if you are non-exempt, comp time in lieu of overtime is not permitted by law.

To establish your exempt status, we need to know your job duties in detail. (Not your job title)

I'm listed as exempt. I do everything that's computer related. There are no restrictions. I'm responible for everything. Here's the new job desc they gave me.

Job Title: Network / Hardware Administrator
Name: Steve Mullins
Department: Information Technology (IT)
Reports to: Dan DeRoeck (IT Director)


Position Summary:

The person in this position will need to manage a multitude of activities as it relates managing various server disciplines, namely email (Microsoft OS) and iSeries platforms along with peripheral equipment, i.e. routers, switches, hubs, cabling, connectivity, etc. This person must communicate effectively with all users at all levels to assist in solving day-to-day problems associated with email, desktop software and any issue related to desktop PCs. In addition, this person will assist in longer range planning as it relates to upgrading and/or replacing computer equipment, servers, devices, etc.

The primary responsibility of this position is to ensure the network infrastructure is maintained properly. This entails keeping up on virus software version control, operating system version upgrades, and client upgrades. In addition, requirements analysis will be needed to identify and implement hardware to fit a specific function or need.

The secondary responsibilities include maintaining and supporting hardware devices on the primary computing platform, the iSeries or AS/400. This includes but is not limited to supporting all printer and 5250 emulation devices attached to the AS/400. In addition, this position will be asked to assist in operating system upgrade activities of the AS/400.

A contractor may be needed to assist in some of these duties at any given point. This position will in most cases, work directly with and provide direction to the contractor where needed. This position will report directly to IT Director and provide updates when needed.

Lastly, and only if/when time allows, programming projects can be assigned to support the software infrastructure of the iSeries. Primary and secondary duties will always
supercede this role.

This position will need to constantly keep updated by educating him/herself, preferably in an instructor-led environment. Working toward and attaining Microsoft and other licenses are encouraged however should be discussed with the IT Director before pursuing.

Essential Functions/Percentage of Time Spent on Each:

Network Infrastructure support / maintenance – 70%
ISeries / AS/400 hardware support / maintenance – 25%
Programming assignments – 5%


Minimum Job Requirements:

Education: Bachelor’s degree in computer-related field preferred. Microsoft licenses preferred.

Experience: Five years experience in Microsoft Operating Systems, email administration, etc. and 2 years in iSeries hardware support.

Specific Skills: Good analysis and trouble-shooting skills. Must be personable and enjoy
working with end users to solve day-to-day problems.

Sounds like you might be exempt under the Administrative classification:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

As an exempt employee, the only thing you are entitled to by law is to have your entire salary paid to you every week in which you perform any work at all, with limited exceptions. They may offer you comp time, but are not required to do so; they may offer you a bonus for working weekends, but again are not required to.

I read on the DOL website that they can't just make anyone they want exempt. I'm trying to find out if I qualify or not. IBM has a lawsuit going because they are suppose to get OT. I'm the only IT person that does hardware support and software installs.

You are correct that they cannot make anyone exempt unless they qualify; however, what we are telling you is that based on what you have posted, it would appear that you DO qualify.

I'm sorry if that is not the answer you want to hear.

Based on the job desc they gave me, or the info I gave you? The DOL said that if I did mostly hardware repairs and software installs, that I qualified for OT? I only get paid twice a month, not every week. What are the exceptions on that?

I feel your pain.... computer guy in michigan myself.

Programming / networking / server admin

They have me doing everything but sweeping the floors (no joking) - I run the network, make their hardware (DOD security hardware) work, and now doing payrole / acounting / purchasing.

I asked for a "job title and responsabilites"

They Responded with

Job Title: Head of IT
Job Responsabilites: Varies

Head of IT would make you a Manager, and exempt, right? I have a manager.

Everyone except the company CEO has a manager. Having a manager is not proof of non-exempt status.

Not to hijack this thread - they get around that by calling me "middle managment" - I am the head of IT but get paid less then friends working in factories and put in about twice as many hours.

So, if you already got an opinion from the DOL, why are you asking us? :rolleyes:

LOL, I brought this to their attention and they still won't pay me for OT. I just want to know where I stand. I would like to be able to quote something that could help me. If I'm wrong, then I'll leave it alone. The law is so broad though.

File a complaint with the DOL. The DOL will do an investigation and if they determine you are owed overtime they will make the employer pay you any overtime owed.

Last question....we're having a meeting tomorrow to determine actual job duties and status. If they make me non exempt, what are the means for compensation? Is it required that they pay me in cash, or can they offer comp time in place of?

As I indicated in my first response, a non-exempt employee MAY NOT legally be offered comp time in lieu of overtime. That is going to be the answer no matter how many times you ask the question.

A few years ago, there was a bill floated before the legislature that would allow non-exempt employee to choose comp time in lieu of overtime, but the bill did not pass and was not signed into law.

I read that after I posted. I tried to delete my post. My bad.