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Time and a half exemption?
Krikee
Registered User regular
Registered User regular
A little history on the situation: I made a career move to a contract position over 6 months ago. I was told 1.5x wage overtime does not apply to my position. Long story short, I didn't research it much. Fast forward to a few days ago, and I find out my friends in similar positions at other contract companies say they get/got 1.5x wage overtime. Whiskey. Tango. Foxtrot.
Relevant information: I live in Texas, and am a Computer Network Engineer.
Here's the documentation that I believe says I am owed 1.5x wage overtime, and backpay since I have never worked a flat 40 week; but I'm not a lawyer, and was hoping some people with experience in the field and/or issue would be able to help. This seems to be the only clause of the overtime exemption clause that could loosely be connected to my position:
(17) any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is—
(A) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
(B) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
(C) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or
(D) a combination of duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and
who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour.
Source
That sounds like someone designing the physical hardware, and not someone that works with the hardware. Also, someone wrote to the Department of Labor inquiring about the exempt status of an IT Support position. Here is the DoL's response. I plan to inquire about this with my contracting company this week unless I am reading this wrong. Thoughts?
Relevant information: I live in Texas, and am a Computer Network Engineer.
Here's the documentation that I believe says I am owed 1.5x wage overtime, and backpay since I have never worked a flat 40 week; but I'm not a lawyer, and was hoping some people with experience in the field and/or issue would be able to help. This seems to be the only clause of the overtime exemption clause that could loosely be connected to my position:
(17) any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is—
(A) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
(B) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
(C) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or
(D) a combination of duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and
who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour.
Source
That sounds like someone designing the physical hardware, and not someone that works with the hardware. Also, someone wrote to the Department of Labor inquiring about the exempt status of an IT Support position. Here is the DoL's response. I plan to inquire about this with my contracting company this week unless I am reading this wrong. Thoughts?
Krikee on
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That is to say, do you make more or less than $27.63 an hour?
luckily contracts can't really take away your legal rights in that way
OP - check with a labor attorney if you're interested
Consider me interested.
Although I was hoping someone had run into this issue, and would be able to provide the facts (no OT because of X, or vice-verse) I would like to thank everyone for their input.
If you're getting some sort of benefit in lieu of the overtime pay, maybe that could change things?
Unless I missed something, the DoL's response seems to be dealing with an IT support specialist which the OP is not.
OP, I'm not really familiar with labor law, but it looks like it depends on what your role as a network engineer requires of you, and whether those tasks fall under any of the descriptions under section 17. I took a quick look and couldn't find anything online specific to network engineers. "Network engineer" can cover such a broad range of job roles that I could see it going either way depending on what kind of work you do.
There is also this under Section 207:
Which may apply if your employment agreement meets those requirements.
As others have said, you should probably consult with a lawyer who specializes in labor law.
I've heard Network Engineer or Network Administrator used to mean IT before.
OP, what sort of things are your duties? Are you IT, or are you designing networks to be sold to someone, or what?