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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Court spots the problem: Troubleshooting complex machinery isn't exempt work
- Minneapolis sick and safe leave law takes effect next year
- California appeals court gives go-ahead to meal-period class action
- Our workweek is 37.5 hours: Must we pay OT beyond that?