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hr states i am exempt

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  • hr states i am exempt

    My HR manager say that I am "exempt" in employment status. I am paid salary. When I read the laws I dont fit the qualifacations of "exempt".

    MY BACKGROUND
    I am not a supervisor nor am I in management. I do not have a degree or specialized certification. I do not make descisions that affect the company, policy, or people. I do very little adminstrative tasks, the most is faxing info to biomeds. I am not highly paid.
    This is what I do at work. I currently work in a technical call center for medical equipment. I take calls from hospital technicians when the equipment malfunctions, I determine if I can give them support, or if they need on-site service or maybe just a part number. This is the only decision making I do....is the unit broke or not, or what part do you need? I dont think this makes me "exempt".

    ON-CALL
    I am required to carry a pager and respond to hospitals in 1 hour no matter what time of the night, weekend, or where I am with my family. I cannot conduct a "normal" life without interuptions. I am also expected to be at work on time no matter how many times I have been woken up during the night responding to ER technicians.
    I am in the office 9 to 9.5 hours a day and do on call. Even with the amount of hours I put in, if I am sick I have to use a vacation day.

    QUESTIONS
    1) Am I "exempt"?
    2) If I am required to be on call and waiting for the pager to ring while at home, from the time I leave work till I return, wouldnt this be considered "engaged and waiting" ? If i dont meet the criteria for exempt, should'nt they have to pay me for all the time on call?

    I am loosing out on alot of family life and owed money from this. I feel that I am being taken advantage of by management and HR is going along with it. Now they know I am questioning about it because I asked HR about my status.
    Last edited by reddtrigger; 10-20-2005, 03:50 PM. Reason: add more

  • #2
    Originally posted by reddtrigger
    2) If I am required to be on call and waiting for the pager to ring while at home, from the time I leave work till I return, wouldnt this be considered "engaged and waiting" ? If i dont meet the criteria for exempt, should'nt they have to pay me for all the time on call?


    This is a interesting thing. I have just found out I should be compensated with over time pay. I have always been carrying a pager during the week. If this is the case I will have even more money they owe me.

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    • #3
      Being "on call" with a pager does not mean you have to stay at home. You could go shopping, go out to dinner, go to a movie, etc. That's why you have a pager. The hours you are "sitting and waiting" does not restrict your personal activities to such an extent that the on-call time would be compenssable.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        am i exempt

        Pattymd....do I qualify as exempt?

        Comment


        • #5
          You sound nonexempt to me. Can you ask HR to show you the requirements for why they think you are exempt and how they think you meet them?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment

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