My husband works for a company as a System Administrator(computers). His primary job duties include maintaining servers and assigning user permissions. He has been an hourly employee for the last 15 months. He was recently given a raise, made salaried, and told he is an exempt employee. I am not sure he meets the criteria for exempt status. I believe they consider him a "supervisor", however he has no supervisory duties, power over scheduling, etc. They are doing this to others within the company as well, calling them "supervisors" (I guess they are all supervising each other!:D )and telling them that DE law states all supervisors must be exempt salaried. Can someone point me in the right direction for something for my husband to to to HR with? Thanks!

There are many possible Exempt classifications under the federal FLSA law. Only the Executive classification requires supervision. I will include a pointer to the rules. The most likely classification that the employer will try to use is Administrative.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

Thank you!

We did not think he was exempt under the administrative part because the company's business is the aerospace industry which he has no administration in. He is just part of the IT dept, that keeps the computers running.

The wording is vague, so I figure we are out of luck, just trying to figure it all out.

DE law states all supervisors must be exempt salaried.

Without looking at Delaware law, that is a crock.

Federal laws, my state law and the laws in the other states that I have dealt with allow supervisors to be exempt, but do not require them to be so. I would be VERY surprised to learn of any law in any state that required an employee to be exempt.

Some IT folks can be exempt. The description of those that may be is likely found somewhere in DAW's link. I have little understanding of what a System Administrator does or how the duties match up to those who may be exempt computer professionals.

FYI, the state of DE does not recognize the existance of exempt/non-exempt status. The State DOL says it is up to employers to use that classification for federal purposes, but is not required.

This is what the wage/earnings specialist told me when I called them, but if someone else has any clarification, please let us know!

FYI, the state of DE does not recognize the existance of exempt/non-exempt status. The State DOL says it is up to employers to use that classification for federal purposes, but is not required.

This is what the wage/earnings specialist told me when I called them, but if someone else has any clarification, please let us know!

Doesn't make any difference. If the employer is subject to the FLSA, then that's it, whether Delaware "recognizes" it or not (which, BTW, I've never heard of; it may be possible, and is very likely, that Delaware law just doesn't address it one way or the other, and defers to federal law, which a number of states do).

FYI, the state of DE does not recognize the existance of exempt/non-exempt status. The State DOL says it is up to employers to use that classification for federal purposes, but is not required.

This is what the wage/earnings specialist told me when I called them, but if someone else has any clarification, please let us know!

Whoever you talked to is wrong. DE has no authority to ignore federal law.