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View Full Version : overtime/ny computer salaried employee New York


Silvachic
06-29-2006, 06:47 PM
My fiance's job has ridiculous work policies all arround but when it comes to exrta hours they take advantage of him. The company is a small consulting company that deals with hardware/software and some networking for other companies. When hired he was told that the position was salaried and that his hours would be 9-6 with an hour for lunch and occasional afterhours work.
There was no contract and it was never put into writing.
Now over a year later they have decided to tell them that the company is a 24/7 shop and that they have to work all and any extra hours that the tell them they have to. They give usually no notice of these extra hours and they expect him to answer and deal with client calls at all hours even though this was never part of his job description.

So the real question becomes is he really exempt from overtime seeing as he is only really a technician working for a consulting company and not someone in charge of anything specific full time?

Thanks in advance for your help :)

Pattymd
06-30-2006, 04:36 AM
What, in fact, does he do, exactly? Not his title, but his job duties? "Salaried" is merely a pay method.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

Is he "on call" when he is not at work?

Silvachic
06-30-2006, 07:41 AM
What, in fact, does he do, exactly? Not his title, but his job duties? "Salaried" is merely a pay method.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

Is he "on call" when he is not at work?


Only recently have they tried to tell him that he has to be on call at all times although it has yet to be inforced. He was not hired as an on call employee.

As for his duties (what I know) he goes in finds out which client he is being told to go to then goes to the client and trys to fix whatever is wrong with their computers. The company in general provides outside tech support for other companies so he is one of several technicians who go to the various clients and works out hardware/software/network issues. I just read the link you posted but I think i'll have to have him look at it to be sure of whether or not what he does fits into that.

Thank You

cbg
06-30-2006, 07:50 AM
Whether he was or was not hired to be on call is immaterial. Barring a binding contract that says otherwise, they are free to change his job duties at any time, including adding an on-call requirement.

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