If you are to be classified as exempt under the Computer Professional Exemption do you have to be paid greater than $27.63/hr or merely salaried at greater than $455/wk? How would anyone getting paid $27.63/hr not reach <$455/wk before reaching overtime status?

I acknowledge that my primary duty consists of:
(1) The application of systemsanalysis techniques and procedures,including consulting with users, to determine hardware, software or system functional specifications;
(2) The design, development,documentation, analysis, creation,testing or modification of computersystems or programs, including prototypes, based on and related to useror system design specifications;
(3) The design, documentation,testing, creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which requires the same level of skills.

Can someone please help me understand?
TIA

If you are paid on an hourly basis, you have to be paid the $27.63 per hour (as well as having duties that qualify you under the statute) to be considered exempt.

If you are paid on a salaried basis, you only have to meet the other definitions of exempt, which would include the $455 per week minimum.

Thank you for your response but I must be missing something. Why would any employer pay you on an hourly basis when they could get you 24/7 for $455/wk if you decided to stay?

I don't know why, but clearly some do.

I have worked for this company in Illinois for 10 years the last five years my job title was changed from transcriptionist to Software Application Specialist. A job that includes troubleshooting and solving the day to day computer problems of the office. I also design MSAccess programs and give instructions on the software applications we use.

I have been informed that my job will no longer be salaried. I will now be hourly. This is a privately owned medical office of about 30 workers. I sometimes work well over 40 hours per week as well as make "housecalls". We are not allowed to take brakes but do get a 30 minute unpaid lunch. If I was lucky enough to smoke I could go outside to do that but I don't.

Can my employer just change my job from hourly to salaried? I started out as salary but then when my title was created my status changed. My supervisor claims it was the attorney for the practice that wants this changed. That the only people that should be salaried in the office are administration (2 people). Do I have any right to dispute this???

I have been informed that my job will no longer be salaried. I will now be hourly.

Can my employer just change my job from hourly to salaried?

So which is it??? :confused:

To put it simply, I how have to clock in and out and will be paid overtime. That is what I mean by hourly. Salaried employees do not receive overtime, or clock in and out every day.

It is ALWAYS legal to make an employee eligible for overtime.

My problem is that I would rather be salaried and have the freedom to take 5 extra minutes for lunch or leave a little early one day if I have to considering I work so much overtime as it is. I know that I probably would not work as much overtime and that could be a blessing.

I can't figure out why they would want to make me an hourly employee unless it is a control issue and my boss is a control freak.

I would note that, just because you are exempt, does not mean you can "take off" here and there without consequences. At the very least, unless you are in a state that does not allow it (namely, California), you very well may be required by company policy to substitute vacation or sick pay for your absences. You may also be disciplined (although not via salary) for excessive tardies, absences, long lunches, or leaving early

I ALWAYS inform my supervisor whenever I leave early or arrive late. I don't just TAKE OFF without letting someone know. But since I work a lot of overtime, they allow me the ability to leave early if needed. This has happened maybe 5 times this year. I have missed two days of work in the past two years. I have not had a raise in almost 3 years.

I must always be available by cell phone. I have been called on my cell phone while on vacation, days off (to go to a physicians house to work on his computer on a Sunday). I take a computer with me on vacation so that I can dial into the office to work on a computer if necessary. If I have a computer related problem that leaves me at work at 2:00 am, I am expected to be at my desk by 8:30 am.

I am not complaining. I just want you to know that sometimes I go beyond the call of duty and realize that is part of the duties included in being a salaried employee and I accept that.

But, in turn I would think that if I become an hourly employee I should get overtime for anything over 40 hrs and maybe not expected to be as available as I have been in the past.