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submitted by /u/awkwardhodl
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Hourly It Worker Labeled ‘exempt’ And Told To Report Fixed Hours — Overtime/off-the-clock?
Location: SC, US.
Hypothetical scenario for general understanding:
Suppose an IT worker is paid hourly, but the company treats or refers to them as “exempt” because they work in IT.
The worker:
• Alternates between 36-hour weeks and 48-hour weeks • Is paid straight time for all hours worked, including hours over 40 • Is told to always report the same scheduled hours every week, even when: • There is a mandatory daily meeting that starts before the shift • Work sometimes runs past the scheduled end of the shift Assume the worker originally reported actual hours worked, but after being instructed to report fixed hours, their timesheets became identical week to week.
Also assume the paycheck comes from a staffing firm, but day-to-day supervision, scheduling, and meetings are controlled by the client company.
Hypothetically:
• Does simply being an “IT worker” make someone exempt from overtime? • How is the computer employee exemption actually supposed to work in practice? • How are off-the-clock time and overtime typically viewed in situations like this? Just looking for general information and discussion.
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