Fair Pay - Salary vs. Salary (non-exempt) vs. Hourly
Mel,
I have a long list of things I'd like to ask about but will focus on overtime here.
The company is an AZ for-profit corporation.
Approx 4 years ago I was promoted from the support department to our internal IT department. At that time I was a direct report to the Director of IT (an executive), and given a title of "Network Administrator".
According to the company internal job description responsibilities of the position include: configuration, maintenance and troubleshooting of network, server, desktop (workstation), and telephone systems.
I have no direct reports and am not authorized to take any actions in a management capacity without prior authorization. I'm not a member of the management team and not involved in any IT management decisions or policy changes.
Since my taking on this position I have been on call (company cell phone / email) 24/7/365 and expected to be available at all times including while on vacation / sick leave. I've also been denied, on numerous occasions, the ability to take time owed, both as "COMP" or earned paid vacation (as defined by vacation policy). I'm now being told I will loose ("use it or loose it") any vacation not used by the end of this year.
With regard to the items detailed, is there grounds for legal action based on overtime or fair compensation laws?
Additionally, is there a requirement for fair pay with regard to the local average or other positions internal to the company?
Answers (1)
Your attempt to shorten your list of questions seems to have failed. Let me answer the easy question first. There is no law that requires "fair pay." The only laws that govern what must be paid are the minimum wage laws (the Fair Labor Standards Act and Arizona's minimum wage statute), and the Equal Pay Acts (state and federal), which prohibit gender discrimination in pay. What other employers pay comparable employees is irrelevant as long as your employer pays minimum wage, pays overtime when required and does not unlawfully discriminate in pay rates. Although the Equal Pay Act only deals with gender discrimination, other civil rights laws prohibit discrimination on account of race, color, national origin, religion, age and disability.
The overtime question is a bit more complicated. You don't appear to fit the managerial exemption to the FLSA, but you may fall into the exemption for computer professionals or the administrative exemption. Being on call does not count as paid time unless you are called. There is no limit to the number of hours an employer can require of an employee, either to work or to be on call. The issue of being denied the opportunity to use comp time or vacation time is a complicated matter that doesn't have a simple answer. I would suggest that you consult an attorney to discuss this and whatever other questions you have left off your list. Expect to pay for at least an hour of the attorney's time. Experienced employment attorneys in Arizona typically charge $200.00 to $400.00 per hour.
posted by Francis Fanning | Jan 16, 2009 1:15 PM [EST]
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