IT Exempt or Not?

SamanthaQ

We have a network administrator position that the manager of the area would like to make exempt. As the Job Description was written it did not qualify - nor was the incumbents wage anywhere near the hourly amount to meet the test.

The manager has since re-written the job description using FLSA language (i.e. using wording such as: analyzes, designs and documents networks,consults with users to enhance systems, exercise of discretion and independent judgement with matters of significance). I'm still uneasy with determining if this should be exempt or not. The other question I haven't asked is why they are so bent on making it exempt. Any advice? Are your IT people exempt?

dwms

We consider our IT positions exempt as their job duties regularly rise to the level described in the FLSA fact sheet for computer-related occupations. Since our positions are paid on a salary basis, their salaries significantly exceed the minimum weekly salary. One is a network administrator, the other is a multi-talented systems analyst/programmer/database admin/applications specialist.

Gillian3

I can't speak to whether your position is exempt or not since Ca. exemption criteria is a bit different. I think, though, that the reason why the manager wants to make the position exempt is to avoid overtime - at least that is the usual reason. Of course, whether on not it is exempt is dependent on what one actually does, not what the job descriptions says. It's all moot, though, if the person is below the wage test.

HRCalico

According to the training I had last week, not many employees meet the computer exemption - I'm guessing that's what you are referring to by the hourly amount - it's like $27 and change, I think. The lawyer conducting the training specifically said "your IT people are not exempt under this". He said it's more along the lines of programming.

He continued to say, however, that IT people can be exempt under other exemptions. Off the top of my head, I can't remember which one it was, but run the duties through the other tests and look at it that way.

Incidentally, our IT person IS exempt, although she spends only about 40% of her time on IT and the rest is office duties.

As Gillian3 noted above, something that I tell my boss is that an employee isn't exempt because you think they should be, they are exempt because the duties merit it. Good luck!