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Do I really meet the definition of salaried, exempt? Either as a Computer Professional, or as some other FLSA category?

Thorofare, NJ |

I am employed as an IT Support Technician and my employer classifies me as salaried, exempt, with a fixed salary of $50,000/year. My duties are mainly of the help-desk and problem-resolution variety. I DO NOT design systems, write code, etc. I just keep the computer systems functioning properly, set them up and troubleshoot when needed, and respond to calls and emails about computer, phone, copier, fax, etc. issues. I am made to carry a work cellphone home with me every single night and am expected to regularly check it and to answer any important calls or emails which may be received on it. I am not paid a pager carry fee. Do I really meet the criteria of salaried, exempt as defined by FLSA... or should I legally be classified (and paid) as hourly employee with overtime eligibility?

Attorney Answers 2


Based upon what you assert, you do not meet the definition under the FLSA for an exempt computer professional. I have handled many similar cases. IT support, tech support, typically is not an exempt position and non-exempt duties. Definitely consult a lawyer. You could consult for more information.

The hiring of a lawyer is an important decision and one you should not make just upon reading something. While I may generally provide some helpful information and an answer to your question, this is not meant to be direct legal advice to you. If you wish legal advice, many attorneys offer free consultations on certain legal issues. If you wish to be certain about how best to proceed to protect your legal interests then I encourage you to contact the lawyer with experience in the same area of law

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Thank you for taking the time to respond, Mitchell. If a thorough law review was eventually conducted and happened to support the above possibility, could my employer still try to have me as exempt merely by instead trying to classify me under the Professional, or Administrative exemptions of the FLSA? When I read the description for the Professional exemption it makes it sound as if anybody with a 4-year degree can automatically be counted as exempt. Thank you again for the initial reply, Mitchell.


I sounds like you may not be exempt from overtime pay. You should meet with an employment lawyer who handles overtime claims to fully evaluate your potential claim and help you decide what action (if any) you should take.

Rabner Allcorn Baumgart & Ben-Asher, P.C.: (973) 842-4397. I am dedicated to representing employees in New Jersey and New York. My answer is based on my interpretation of the limited information your provided in your question and should not be considered legal advice. If you are looking for legal advice you should contact an employment attorney.

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