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VA Salaried EMployee Exemption--COmputer Professional Virginia

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  • VA Salaried EMployee Exemption--COmputer Professional Virginia

    I've been working for a company for several years as a salaried employee. I'm not sure that my work (or that of my salaried co-workers) falls under the exemptions outlined in the FSLA. My department has at most 2 employees, as do the other departments in my company. If I ever provide 'management' of other employees, it's rare and 1 employee maximum. My primary duty while at the office is tech support. My company resells software, so when a deal is signed, I talk to the customer, gather info to customize the customer's system, set the software up to the customer's liking, install the system, and train the customer on its use. I then provide remote technical support for the customer.

    I understand that gathering info from the customer and 'programming' the system (which really entails setting up all options the way the customer wants) may meet the profile of one of the exemptions, but this comprises a small percentage of my daily duties. I program a system on average 1-3 times per month. Most of my time is spent providing phone tech support to existing customers. When a customer has a hardware issue, I am required to drive to the site and replace or repair the hardware. Drives can be up to 5 hours one-way, so it's not uncommon to drive to spend 2 or 3 hours at my workplace, drive for 8 hours, and perform on-site hardware repair/ replacement for 2 hours.

    I have to repair computer hardware at my office during downtime. When deploying a system for a new customer, here's a typical schedule: I drive up to 5 hours to the site. I install the system, which can involve running cabling through attics, ditches, and basements, mounting/ drilling hardware stands in place, transporting, connecting, and testing all equipment. I train up to 30 individuals on the use of the system. I support the use of the system for a day or two (usually involves sitting for hours on end answering any training questions that come up and making requested configuration changes). I drive 5 hours back. These installations typically take multiple days, and it's not uncommon to spend 2 10-12 hour days installing, a 10 hour day training, and a couple of 8 hour days providing on-site support.

    Not that it's a major point to mention, but I also perform manual labor duties occasionally while at my workplace (moving heavy equipment, sorting equipment, etc). I'd like to know others' thoughts on whether my position sounds like it meets exemption criteria.

    Some exemptions I found:
    Employees of certain seasonal amusement or recreational establishments;
    Employees of certain small newspapers and switchboard operators of small telephone companies;
    Seamen employed on foreign vessels;
    Employees engaged in fishing operations;
    Employees engaged in newspaper delivery;
    Farm workers employed on small farms (i.e., those that used less than 500 "man days" of farm labor in any calendar quarter of the preceding calendar year);
    Casual babysitters and persons employed as companions to the elderly or infirm; and
    Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least
    $455 per week paid on a salary or fee basis) who customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee.
    -Nope. I make $500/ week.

  • #2
    Also wanted to mention in case it isn't clear that on the installations, my boss pays for my meals (set daily allowance) and lodging.


    • #3
      Also, I'm involved in a rotating on-call schedule and am on-call 24 hours a day for one week each month. There's no additional compensation during the on-call period.


      • #4
        Lodging, meals and on-call have no bearing. It is sounding non-exempt, but there is an exemption for IT professionals. You can find more on that here you can always be paid on a salary basis. That is just a pay method.

        If non-exempt, unless unduly confined during the on-call period (in these times of cell phones, laptops, remote access and such, this is rare), you need not be paid. You would have to be paid if you actually perform work.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        • #5
          Thanks for the reply. I found a case --Martin vs Indiana Michigan power company--that pretty much describes what my primary job functions are. The court ruled that the position doesnt meet exemption requirements.

          I'm going to leave my job soon because my employer must know this, but I'm not going to do anything about it because the employer would retaliate and coworkers would lose their jobs if my employer went under. Oh well.... blah


          • #6
            Employers are more often than not quite clueless about employment law, especially those employers who don't have HR on staff. And of those that do, well, there are an embarrassing number of HR people out there who are also pretty clueless about employment law. (Trust me on this, I provided HR services to employers and worked with HR people for nigh on 30 years. And I'm not one of the clueless ones, so I can recognize them that are.)


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