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View Full Version : Exempt or Non-Exempt? Texas


finoj
08-14-2008, 10:39 PM
Help!!! I am presently classified as salary exempt and started asking questions as to "why." Our corporate HR initially stated that the mere fact that I was "salary" and my title as "IT Manager" was the reason I was "exempt." I replied that that was incorrect, exempt status is based on job duties. Two days later I was told that I was classified under the "Professional" exemption. At this point I have to state that I do not have any formal or advanced training to perform my job. All of my knowledge has been on the job training. I am more of a "help desk technician" than anything else. I define "IT" as anything that is broken, whether "IT" is a scanner, printer, computer, or network problem, if "IT" is broken I fix "IT." I am also a one person department. I typically work from 55-60 hours/week, on-call 24/7 with frequent calls into the early morning hours, calls during vacations, etc. Am I mis-classified? Can someone give me specific answers/definitions of exemptions so that I can take to my employer? thanks in advance. JAF

Pattymd
08-15-2008, 04:12 AM
See if this supports your position.
http://www.dol.gov/esa/whd/opinion/FLSA/2006/2006_10_26_42_FLSA.pdf

The Computer Professional exemption? Not likely. See the Fact Sheet under this topic here:
http://www.dol.gov/esa/whd/fact-sheets-index.htm

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