Legal Question in Employment Law in Pennsylvania

Exempt and 'On Call' status

Currently, I work as a computer support technician (I fix computers and peripherals). I have read the FLSA and think I understand that, in order to be considered 'Exempt', I must be a systems analyst, programmer, or executive, yet I am 'exempt' in the eyes of my employer. I am also required to be 'on call' 24/7 for a week at a time - be within 30 min of work and be able to respond - with no compensation. Are either of these two situations legal?


Asked on 11/06/06, 7:28 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Exempt and 'On Call' status

You asked if you are actually non-exempt even though you are classified by your employer as exempt.

The analysis of exempt vs. non-exempt status is often complicated. Many people are misclassified by employers either by mistake or on purpose. If it was done on purpose you can seek not only compensation but possibly punitive damages. If it was done by mistake then you can still get compensatory damages.

Finally, this often encompasses more than one employee. It is worth investigating either on your own or with an attorney.

Regards,

Read more
Answered on 11/07/06, 6:33 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania