What are the overtime requirements for salaried employees that normally would be considered exempt (professional consultants) but are required as part of their job to travel to client sites and still bill 40 hours per week. In addition, if bonus programs are setup that will only allow 100% bonus upon exceeding billable hours at a 20% excess of the available 2080 hours per year, does this further jeopardize the 'exempt' status.

Specific references to MA labor laws would help.

Thanks

What are the overtime requirements for salaried employees that normally would be considered exempt (professional consultants) but are required as part of their job to travel to client sites and still bill 40 hours per week. In addition, if bonus programs are setup that will only allow 100% bonus upon exceeding billable hours at a 20% excess of the available 2080 hours per year, does this further jeopardize the 'exempt' status.

Specific references to MA labor laws would help.

Thanks

You may be or may not be exempt, but not as a professional consultant, maybe outside sales, but I am not aware of a exempt professional consultant. Exemption is base on duties not on job titles... If you are bonafide exempt, then the number of hrs worked is not limited, you may be required as many hrs as the employer calls for, without regards to any expectation in salary increase.

This is some info on the professional exemption...

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

• The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;

• The advanced knowledge must be in a field of science or learning; and

• The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

I was one of those. And yes, we were properly classified as exempt, but under the administrative classification, not the professional one.