Should I be a non-exempt employee?

Facts: I am employed as a web content developer, which comes down to I fill already structured (programmed) and designed websites with text and a few images (mostly cut & paste) and requires little to no creativity. I am paid over the 23Kish minimum but far less than 100K line.

I looked at the classification guidelines for exempt employees and it said only certain computer workers are exempt - employees that are programmers, maintain networks, maintain hardware, etc. I don't manage others and I feel that my job is almost secretarial in nature. Even though it is a "computer job" the tasks that I complete can be done by most people with very little computer knowledge.

This job is now wanting to move to a 6-day workweek without any additional compensation. I already am working 50-60 hours a week without the extra day.

Am I misclassified as exempt? How do they draw the line with people that use computers. I work in Nassau County NY.

1 answer  |  asked Mar 4, 2010 6:28 PM [EST]  |  applies to New York

Answers (1)

Patricia Pastor
Based solely on your description of your job duties, I would argue that you are non-exempt. Your job duties do not appear to fall within the computer exemption. Your employer might argue you are exempt as a web "developer." Some people with the title "developer" are exempt. However, they are actually programmers of a type. To be definitive, the issue requires research of New York case law.

posted by Patricia Pastor  |  Mar 4, 2010 7:16 PM [EST]

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