IT Systems Administrator Retroactively Declared Exempt and Ineligible for Overtime

Oh, so when you implied there was a contract specifying overtime it was not actually that there was such a contract.

Quote:

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When my contract was presented to me, and what was approved by the company I am assigned to, showed an overtime rate of $60/hour.

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Oh hell, it wasn't even merely implication. You outright said there was a contract.

so, if your job duties allow the employer to classify you as exempt, they can. It is that simple.

here is a description from the DOL on the issue:

Quote:

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To qualify for the computer employee exemption, the following tests must be met:


• The employee must be compensated either on a salary or fee basis at a rate not less than $455 per week
or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;


• The employee must be employed as a computer systems analyst, computer programmer, software
engineer or other similarly skilled worker in the computer field performing the duties described below;
• The employee’s primary duty must consist of:


1) The application of systems analysis techniques and procedures, including consulting with users, to
determine hardware, software or system functional specifications;


2) 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;


3) The design, documentation, testing, creation or modification of computer programs related to
machine operating systems; or
4) A combination of the aforementioned duties, the performance of which requires the same level of
skills

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so, you are in a better place than anybody else to make the determination as to whether your job duties meet the requirements that would allow them to consider you exempt.

Sorry, I'm pretty damn confused about all of this myself. I only realized after my OP that the wage notice is not a binding part of the contract. Yes, based on what you copied from DOL, I think I would be non-exempt. So, what happens? If the contract doesn't state what to do for OT, does that just mean there is no OT? What about the fact that they provided me a job description and title that show non-exempt, even if the title/description aren't accurate? And if I have a case for being non-exempt, what do I do? It's totally unclear to me what the intent of these statements are, and they seem to be more geared for s/w engineering that systems support.

My responses to the requirements for exemption:

• The employee must be compensated either on a salary or fee basis at a rate not less than $455 per week
or, if compensated on an hourly basis, at a rate not less than $27.63 an hour; TRUE

• The employee must be employed as a computer systems analyst, computer programmer, software
engineer or other similarly skilled worker in the computer field performing the duties described below; (UNCLEAR - none of those titles are related to mine)
• The employee’s primary duty must consist of:

1) The application of systems analysis techniques and procedures, including consulting with users, to
determine hardware, software or system functional specifications; (UNCLEAR - I don't determine h/w, s/w, or system specs, I merely fix servers to return them to normal functioning state)

2) 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; (UNCLEAR - this sounds like modifying the code of software, like what a s/w engineer does - I modify computer systems to return them to normal functioning state, apply security settings based on management-approved requests, etc.)

3) The design, documentation, testing, creation or modification of computer programs related to
machine operating systems; or (UNCLEAR - this again sounds like modifying the code of programs, such as a s/w engineer)

4) A combination of the aforementioned duties, the performance of which requires the same level of
skills (UNCLEAR)

Thanks

I think a DBase Admin is exempt. I have a lot of tech employees, have had for decades, and so I know a fair amount about this. But OP why don't you just get the DOL to make a ruling on your status?

Didn't know I could do that. How does one go about getting them to make a ruling on my status? I assume that will mean hiring a lawyer.

The contracting agency's job description for database administrator begins "A non-exempt position..." and goes on to explain the duties. However, as I stated before, I have absolutely 0 access to the databases at this company. This is a very large company, about 90,000 people, and so they have us doing just a slice of what systems administrators would do.

Thanks.

You don't need a lawyer, in fact I would advise against it, there's no point. Here's what you do:

1. you find the CA DLSE's website;
2. you file a claim for unpaid wages, stating that your employer has classified you incorrectly as exempt, and owes you OT pay; and
3. you wait for the DLSE's ruling.

Wow, that's pretty easy. Thank you for all the advice - this has been extremely helpful.