Quite a few firms utilize discipline support engineers/technicians who
journey through the United States installing, protecting, and
repairing a large vary of machinery (i.e., presses, injection
molding equipment, manufacturing facility automation devices, etcetera.) that has been
marketed to a customer. In numerous scenarios, these field support engineers
are paid out a wage but do not receive additional time shell out for doing the job much more
than forty (40) hrs for each workweek. Besides in a incredibly rare case, the
failure to pay overtime pay to a industry assistance engineer/technician
is a violation of federal and condition wage and hour legislation which
exposes a firm to sizeable monetary liability for unpaid
wages and attorney’s service fees.
In quite a few impression letters, the U.S. Section of Labor
(“DOL”) has confirmed that field provider
engineers/technicians do not qualify for the expert exemption
from getting to fork out overtime for the reason that their “major duty does
not consist of the performance of operate necessitating know-how of an
superior discipline or science or learning usually obtained by a
prolonged class of specialised intellectual instruction and
research.” The DOL has also confirmed its “prolonged-standing
situation that services staff members and restore specialists, this sort of as
discipline services experts, do not qualify for the exemption as bona
fide administrative staff members.” In accordance to the DOL, discipline
services engineers are finest characterized as highly expert
technicians entitled to additional time pay.
Mainly because most industry services engineers/technicians will not
qualify for the professional exemption or the administrative
exemption, they are entitled to extra time spend for all several hours labored
about forty (40) hours in each workweek. Remember to get hold of your
partnership attorney with any issues on correctly classifying
discipline services engineers/technicians.
The material of this short article is supposed to provide a basic
information to the topic subject. Expert tips ought to be sought
about your distinct circumstances.