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Old 06-14-2007, 03:43 PM
By-Tor By-Tor is offline
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Join Date: Apr 2006
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Default Re: Consulting/contracting as an exempt

The grey area imo is with regards to "Computer Consultants", which is a term that gets tossed around in the industry like a kids toys.

I have personally never been listed as anything but 'exempt', but have always been compensated for scheduled overtime. A trip overseas would certainly fall into this category imo.

There are very few positions in the computer industry, especially in a consulting and/or support role, that would pass the test of being an 'exempt' role. Salary != Exempt even if inexperienced HR rep's categorize it as such.

Without knowing more about it, on the surface, the OP's position does not sound like a managed service wherein the consulting company is charging x-amount of dollars, flat-rate, for a specific service. It sounds much more like every other contract computer support position I have come across where the consulting firm is providing a body at x-amount/hour.

If that is the case, the OP is certianly due time and a half for this scheduled overtime and if challenged with the CA Labor Board, I am just about positive that this would be the case.

Very few ever do this of course due to the fact that it is not exactely great for the relationship with your consulting company, and luckily, I have never had to, but I do know a handful of people who have and the outcome was always in their favor.
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