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Employment Law/Exempt status for Network Administrator

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Question
Greetings,

I'm employed as a network administrator. We have been told that currently this position is not exempt because of a fairly recent ruling/law that came out this year in which IT professions have their own category. Do you know if this is true and is there anywhere where I can see this for myself. We thought the department of labor had the most up to date information. According to them a network administrator can qualify for exemption under the Exemption for Administrative Employees Under the Fair Labor Standards Act (FLSA) . http://www.dol.gov/whd/regs/compliance/fairpay/fs17c_administrative.pdf

However I keep getting information that people in my field have to fall under the exemption for computer professionals.
http://www.dol.gov/whd/overtime/fs17e_computer.pdf

So does the Department of labor have outdated information ? Or is the law being interpreted incorrectly ?

I appreciate your thoughts.

Thanks,
steve

Answer
Steve - The rules for computer professionals have been the same for at least twenty-five years, so I don't know where your employer is getting the information it is sharing with you.  Typically, since system administrators do not write code for programs, they are not considered to be exempt computer professionals.  They also have to be paid at least $27.63/hr. to qualify as exempt computer professionals. However, depending on the specifics of their job duties, they can be classified as exempt administrative employees.  Do you supervise other employees?  Do you have hire or fire responsibilities for others in the IT Department  If yes, then you may be exempt Administrative.  That means you get a straight salary each week, not hourly and no  overtime.  Most often, it is not an advantage to be exempt salaried, because the flexible are not really available to someone who is needed on site during his/her shift.  

The DOL does have the most recent information, and you should consider them the last word on FLSA exemptions.  

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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