Giving someone a fancy title doesn’t make him anwho’s ineligible for overtime pay. Real duties determine exempt status.
Recent case: Marcus worked as a network analyst in the IT department at St. Luke’s Episcopal Health System. He sued, alleging that he frequently worked more than 40 hours per week without overtime pay.
The health system countered that he was an exempt employee under the computer professional exemption. Marcus said he merely replaced servers, installed software and made other repairs and upgrades exactly as his supervisors instructed and without any independent judgment. He didn’t design systems, select or design software or do other complex work. The court ordered a trial. (Tran v. St. Luke’s Episcopal Health System, No. H-11-0241, SD TX, 2012)
- Factor in employee discretion when tech changes start to affect FLSA classifications
- Exempt employees and time clocks: How closely can we monitor their hours?
- How to draw DOL scrutiny: Withhold pay, fudge time sheets
- He who has the best time records usually wins a wage-and-hour lawsuit
- Feds cut off future work for North Woods, Minn. contractor