FL I.T. Employee cannot get salary because not in management??

[nightwing36]

Is there such a law?? I'm in a bind cause I am a I.T. assistant and for some reason or another I'm being told that I cannot get salary and help after hours because I'm not in management?? Is that a true statement and is there evidence that can support my case?

[Beth3]

I assume you are being paid on an hourly basis. Based on your job title it appears your employer has correctly classified your position as non-exempt. Why do you feel it is necessary for you to "get salary" and what does help after hours (whatever that is) have to do with anything?

You need to slow down and explain what you are talking about.

[nightwing36]

here's the deal. we have a 2 man I.T. team here consisting of a I.T. manager and myself. since our line of work sometimes does require us to be doing our duties on non business hours but i feel my hands are tied behind my back cause i am only limited to 40 hours a week. i am not interested in overtime and i do love my line of work but i don't like having to sit around while one person gets overworked and i'm stuck cause of this supposed law.

[Pattymd]

The real law is that, if you are a nonexempt employee, you must be paid overtime for all hours worked in excess of 40 in a workweek. Your dedication is commendable, but if your employer is limiting your hours to 40 per week so they don't have to pay overtime, then they need to understand the ramifications of that. Besides "salaried" is simply a pay method and does not relieve the employer from having to pay overtime to nonexempt employees.

[Beth3]

Patty is right. If they don't want to allow you to work OT, they don't have to even if you'd like to be able to assist your manager after hours.

Even if they put you on a salaried pay system (a fixed weekly salary), they'd STILL have to pay you overtime if you worked more than 40 hours. That's the law.

[nightwing36]

but is their a law that states that i can't be placed as a non exempt cause i am not in a management position?

[Beth3]

Not exactly. The Fair Labor Standards Act defines what types of positions meet the requirements for exempt status. Positions can qualify as exempt under a number of categories: managerial, professional, technical, sales, scientific and one or two others. By default, all other jobs are non-exempt and the incumbents must be paid overtime.

Your employer would be breaking state and federal laws by classifying your job as exempt and failing to pay you OT.

[nightwing36]

what about computer work?

[Pattymd]

Beth meant "Your employer would be breaking state and federal laws by classifying your job as non exempt and failing to pay you OT."

Some computer jobs can be exempt (no overtime legally due) and still be paid on an hourly basis. See here:
http://www.dol.gov/esa/regs/complian...a_overview.htm