Exempt or not ?

[Todd2005]

Hi,

I live and work in Pennsylvania.

I work in a small department of a large company. My boss is very inexperienced as a manager (only a couple years experience.)

When I was recruited a few years ago, I was offered a position at 20 hours per week as a computer programmer. I was to be a "manager" and exempt from overtime, etc.

This didn't seem to matter at the time, as I had another 20 hours/week job at the same company.

Collectively I was "full time" for medical insurance, etc.

The problem now is that projects require more time and it not unusual for me to work 40+ hours per week or more at my exempt job. My boss also has me doing all sorts of labor unrelated to my job. Jobs that would clearly be non-exempt. Loading tucks, assembling furniture, running wire throughout the ceiling, etc. Although my title is manager, I manage no one.

My manager also has sent me to work in the field (unrelated to my job) in other cities, requiring me to live in a motel for 1-2 weeks at at time (working 10-16 hours day.) Although he paid the motel fees, I only received 20 hours/week pay. I also had to use vacation from my hourly job so I could travel.

I am also required to be available 24/7 via beeper and often have to work weekends. These conditions were recently added.

I am insane or I am being abused?

Thank you for listening.

Todd

[Beth3]

It is not necessary that an employee manage other individuals in order for his/her job to qualify for exempt status. Administrative supervision of a function is often sufficient.

Do I understand that you're now working 40+ hours per week for the same salary when you were working 20 hrs/week? If the answer is yes, that's not illegal but I'd say that you are allowing yourself to be taken advantage of as it appears you didn't insist on renegotiating your "deal" with the employer when the hours started increasing and looking at this from a purely short-term economic standpoint, why would the employer want to pay you more when you are perfectly willing to do 3x the amount of work for the same amount of pay?

There's not enough info in your post to advise you whether you have to be paid on a non-exempt basis but here's a website that may help sort that out: http://www.ahipubs.com/cgi-research/...&SubTopicID=56 You may also want to call the federal Department of Labor to discuss this as there are some additional criteria for exempt status for IT professionals.

Regardless of that, I think you need to tell your boss "we gotta talk" and have a serious discussion about what you're being paid.

[Todd2005]

Thank you I have called the number and they are going to respond to me.

Although my job description is IT related; I do not function in that capacity. I do the same work and have to account for 8 hours/day just as the hourly workers in my department.

When we are out in the field, my hourly coworkers receive time and a half for overtime DOING THE EXACT SAME JOB.

This seems unfair to me. For example, while working out of a motel for 9 days straight, I receive 20 hours straight pay.

My coworker receives 40 hours straight pay plus 33 hours of OT.

Did I mention we work side-by-side doing the same work?

Thanks for listening.

Todd