Exempt status

ljba · February 2002

The department head of our bank's Technology Department would like to see our Network Adminstrator classified as an exempt employee. I reviewing the information I have on exempt/non-exempt employees, I have a hard time seeing how he would fit into any of the criteria. He 'manages' our computer network, purchases of equipment and on-going research of technology. However, he is rarely a decision-maker in the end. Thoughts?

Theresa Gegen TX · February 2002

Exemptions are very narrowly construed by the Courts and agencies (Department of Labor, etc). So if you can't see any way that this person fits, they won't either.

Also, some states have additional laws regarding overtime. California is one -- I recall they have very strict requirements for computer people for exempt status.

Good Luck!

ljba · February 2002

Many thanks for your prompt response.

Down_the_Middle · February 2002

Aside from the usual criteria concerning independent judgment and discretionary thinking that applies to exempt staff, don't forget to consider the earnings requirement for computer prof's. Not sure if this position qualifies, but it might...the earnings minimum is now 6.5 times the fed minimum wage amount----roughly $57,470/yr. Check to be sure your state doesn't have any addt'l criteria that might apply.

ljba · February 2002

Thank you. I had missed the information in my research about 6 X minimum wage for computer professionals.

TheCol · February 2002

Don't mix exempt status rules to your harm. The Computer exemption is a fifth exemption added to account for the strange people in the corner working long hours. They don't have the "discretionary authority, independent judgment, rule-making authority" as does the executive exempt category. The pay test is valid.

Exempt status

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