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  1. #1
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    Nov 2014
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    Default Can Veterans Be Exempt from Overtime

    My question involves employment and labor law for the state of: New York

    As a veteran, can my company make me an exempt employee making me ineligible for overtime pay? I work in NY for a non-profit as an IT technician.

    I just read on the DOL website Fact Sheet #17k that veterans can not be exempt employees, unless they received a tremendous amount of training in the military that would be used for their civilian profession. That is not the situation in my case.

  2. #2
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    Oct 2014
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    Default Re: Can Veterans Be Exempt from Overtime

    A veteran may be an exempt employee. It just depends on all the facts regarding the particular job you are doing. DOL Fact Sheet 17K simply tells you that military training cannot be used to satisfy the learned professional exemption for a civilian job. But if the vet otherwise meets the requirements for being exempt (e.g. because of the tasks he/she does in the job, because of nonmilitary training and licensing, etc) then the employer certainly may treat the employee as exempt.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Can Veterans Be Exempt from Overtime

    Quote Quoting micmck82
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    My question involves employment and labor law for the state of: New York

    As a veteran, can my company make me an exempt employee making me ineligible for overtime pay? I work in NY for a non-profit as an IT technician.

    I just read on the DOL website Fact Sheet #17k that veterans can not be exempt employees, unless they received a tremendous amount of training in the military that would be used for their civilian profession. That is not the situation in my case.


    It's still possible for you to be exempt under the federal Fair Labor Standards Act.

    See Fact Sheet 17a and read the Computer Employee Exemption on the second page:

    http://www.dol.gov/whd/regs/complian...a_overview.pdf

  4. #4
    Join Date
    Aug 2013
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    284

    Default Re: Can Veterans Be Exempt from Overtime

    What exactly are your job duties? Titles per se are legally meaningless. I can say that IT technicians are generally non-exempt.

  5. #5
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    Default Re: Can Veterans Be Exempt from Overtime

    Quote Quoting DAWW
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    What exactly are your job duties?
    A better question is do his job duties conform to the Computer Employee Exemption addressed in Fact Sheet 17a?

  6. #6
    Join Date
    Nov 2014
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    Default Re: Can Veterans Be Exempt from Overtime

    My official job duties are managing the phone system and providing end user support for phones. I do a lot of other things (network installation and troubleshooting) but not part as my job description.

    I supervise no one officially.

    As for non military training i'm still working on my degree but have a couple of certifications.

  7. #7
    Join Date
    Dec 2009
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    Default Re: Can Veterans Be Exempt from Overtime

    Sounds like exempt to me (someone with lots of HR experience in the IT industry). However, to be sure you should run your job duties (not your veteran status) past the DOL.

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