Confused1NYC
03-06-2007, 04:10 AM
Greetings,
Here's a situation. Salaried, Exempt computer employee(title: network specialist/engineer), who are required to be oncall in new york. Are they entitled to any additional pay for work outside of regular working hours???
When I say oncall, the IT department rotates a oncall phone for 24/7 support for the company.
Pattymd
03-06-2007, 06:20 AM
If in fact you are properly classified as exempt, there is no additional pay required. However, the Computer Professional exemption (if that is the one the employer is using to justify your exempt status, although it is not the only one necessarily available) is one of the least understood and often mis-applied.
What are your duties on a daily basis?
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17e_computer.htm
Confused1NYC
03-06-2007, 07:44 AM
It is a State Agency position which is classified as exempt.
Daily Duties mainly involve Infrastructure(Active Directory user and group accounts and Email Administration, Server Administration) as oppose software applications.
Being oncall involves being the first responder 24/7 to the agency. There is nothing in regards to pay/compensation when the employee has to come in or receives a call to troubleshoot user issues.
Pattymd
03-06-2007, 09:11 AM
I'm sorry, but unless I'm misunderstanding what your duties are, I don't see you as meeting the Computer Professional criteria.
You might meet the Administrative criteria though. Do you use a high level of discretion and independent judgment in your day-to-day duties? Or do you just answer questions, set up users, and trouble-shoot problems in accordance with existing procedures (first check this, then check that, then check the third thing)?
I'm just not convinced you are properly classified as exempt. Now, if you are, there are no circumstances ever in which you must be paid additional pay for being on-call.
If you actually should be classified as a nonexempt employee, whether your on-call time is compensable or not is going to be based on how "severely restricted" your personal activities are during the on-call period. For example, must you sit by your phone and wait for a call? Can you use your cell phone (so you're not "tied to" your home phone)? Do you have a laptop with a wireless card so you can log into the company network from anywhere (again, so you're not "tied to" your home PC)? Can you solve the problem without going into the office? If you do have to go in, how much time do you have between the call and the time you need to arrive?
demartian
03-06-2007, 09:15 AM
If he is doing MS-Exchange updates and MS-AD changes, then he would be classified as a Computer/Server/Network Analyst/Engineer. Altough most companies still hold then to the "LAN Administrator" title.
When techies say Server Administration, trust me, they aren't Administrators, it's a lingo difference between computer geeks and regular people.
Pattymd
03-06-2007, 09:20 AM
Could be. Which is why I said "unless I'm misunderstanding". I'm a regular people. :)