Need legal opinion on Overtime Exemption in PA?

Right now my Bf is a systems analyst here in PA. At this time he is being paid a salary and no overtime. However my reading of the PA Labor Laws, it states that computer professionals are not exempt from overtime and should be paid.





My Bf works an average of 65 hours per week, is not provided any comp time and is being run ragged. I have a copy of his job description and it clearly details a position that is of a computer professional. (Windows administrator, network experience, computer setup, design and support) There is nothing in the job description that makes it seem as administrative; however, his company is stating he is considered a professional because of the salary band that he is in %26amp; because he has a Master's degree. Do you think this is a possible case? And if so, does anyone know of a good attorney in the Pittsburgh area that would review the case?





Thanks!

Need legal opinion on Overtime Exemption in PA?
Yes, it's possible - they could be considering him exempt as a professional, an administrative employee, or an executive employee, or some combination thereof, rather than as a computer employee. All of these types of exemptions are defined by Title 29 of the US Code of Regulations, Part 541 (http://www.dol.gov/dol/allcfr/ESA/Title_... The same set of regulations state that to be exempt, the employee's primary duty (defined at 29 CFR 541.700) must be based on all of the facts, not on the job description or a declaration of the employer alone. Further, PA state law says that it uses the same definitions, etc., as Federal law (under the Fair Labor Standards Act, or FLSA).





If state law in PA contradicts the FLSA, then the employer is obligated to follow whichever law is the more stringent. However, if PA law says simply that employees in computer-related occupations are not exempt, your boyfriend's employer could be considering him as exempt as an administrative or executive employee instead of a "computer employee."





You can see that this question is a rather complex one!





If you can't get someone from PA's Department of Labor %26amp; Industry to assist you (http://www.dli.state.pa.us/landi/cwp/vie... OR someone from the US Department of Labor's Wage and Hour Division (they enforce the FLSA - you can reach them at 1-866-4US-WAGE), I would recommend contacting your state's Bar Association (usually in the phone book) and ask them to recommend attorneys who specialize in employment law or employee rights.





Hope this helps.

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