rgr301
11-14-2006, 05:19 AM
I am submitting the following for your perusal and scrutiny. If anything, I would like to get a reality check and any helpful advice.
I work for a small company of about 150 people where I am a computer consultant. I support various off-the-shelf software programs over the phone.
Although the FLSA is rather specific about certain computer workers being exempt from OT, this exemption seems to be only for systems/software engineers. In addition, PADOL specifically states that “For example, the Federal rules do not require overtime for computer employees. However, Pennsylvania law currently requires overtime for computer employees. Accordingly, overtime must be paid to computer employees if there are no other Pennsylvania laws excluding these employees from overtime.”
There are roughly 100 consultants. We receive an annual salary. In the job description/employee manual we are never referred to as “Exempt Employees” although it is implied that we are “Exempt” because it does refer to certain positions (secretarial, support) as being “Non-Exempt”.
We are currently required to work a 9 hour day. As specified in the employee manual, we are allowed a meal break of 30 minutes and 2 breaks of 15 minutes each, 1 in the morning and 1 in the afternoon.
As per the PADOL:
If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes.
It is not unusual for a support call to last longer than the scheduled time to quit for the day. The official procedure is to go to a site on our intranet and put in the amount of “overtime” spent on the call. This “overtime” is compensated by being able to take off regular time when needed. If the overtime is less than 20 minutes, the system won’t allow it.
As per the PADOL
Compensatory time off in place of payment for overtime is not legal.
There is a 3 month training period. In order to get all of the requirements finished, it is not unusual for trainees to work 2-3 hours “overtime” each day. Additionally, many regular consultants will often work 1-2 extra hours each day in order to avoid the rush hour traffic.
Before I present all this to the PADOL, could others here share their experiences along these lines, any pitfalls to expect, the best way to approach the PADOL, letter, email, phone call etc.
Thanks
I work for a small company of about 150 people where I am a computer consultant. I support various off-the-shelf software programs over the phone.
Although the FLSA is rather specific about certain computer workers being exempt from OT, this exemption seems to be only for systems/software engineers. In addition, PADOL specifically states that “For example, the Federal rules do not require overtime for computer employees. However, Pennsylvania law currently requires overtime for computer employees. Accordingly, overtime must be paid to computer employees if there are no other Pennsylvania laws excluding these employees from overtime.”
There are roughly 100 consultants. We receive an annual salary. In the job description/employee manual we are never referred to as “Exempt Employees” although it is implied that we are “Exempt” because it does refer to certain positions (secretarial, support) as being “Non-Exempt”.
We are currently required to work a 9 hour day. As specified in the employee manual, we are allowed a meal break of 30 minutes and 2 breaks of 15 minutes each, 1 in the morning and 1 in the afternoon.
As per the PADOL:
If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes.
It is not unusual for a support call to last longer than the scheduled time to quit for the day. The official procedure is to go to a site on our intranet and put in the amount of “overtime” spent on the call. This “overtime” is compensated by being able to take off regular time when needed. If the overtime is less than 20 minutes, the system won’t allow it.
As per the PADOL
Compensatory time off in place of payment for overtime is not legal.
There is a 3 month training period. In order to get all of the requirements finished, it is not unusual for trainees to work 2-3 hours “overtime” each day. Additionally, many regular consultants will often work 1-2 extra hours each day in order to avoid the rush hour traffic.
Before I present all this to the PADOL, could others here share their experiences along these lines, any pitfalls to expect, the best way to approach the PADOL, letter, email, phone call etc.
Thanks
