Legal Question in Employment Law in Texas

Exempt Employee forced to do On-call

My husband is an exempt employee at a small private University that states,''[...] the official work week for full-time salaried employees is forty (40) hours.'' in their Employee Policy. He is a Network Administrator that is forced to watch the servers from 6:00 p.m. to 10:30 p.m. Monday through Friday and All day on the weekend days. He has to get up at 5:30 every weekday morning to start the server (which only takes a few minutes). He can do this from home but cannot leave the house during those times. He has asked his supervisor to deligate this task to other members of the staff (all cabable of doing this), but his supervisor blows him off. I know that he's exempt, but this is not what he expected when he took the job. He has been at this job for nearly two years and has repeatidly asked his boss for a change. I want to know if this is against some law. Please help me.

Thank you in advance for your consideration in this matter.

--Missing Her Husband


Asked on 1/26/03, 12:37 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Exempt Employee forced to do On-call

If your husband is exempt for the Fair Labor Standards Act due to certain aspects of his job, he may be entitled to overtime for the tasks performed on behalf of the University outside his normal work hours.

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Answered on 1/28/03, 12:35 pm


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