Re: Exempt vs Non-Exempt

[gandocadguy]

I believe, that under the last revision to the labor laws CAD mokeys fell under the exempt category. However, my company continues to pay the overtime over 40 for the CAD people. The engineers are salaried and work what they are told to work for salary.

[david_peterson]

I think it all depends on how you are hired.
If you are salaried at 40hrs per week that's all you technically have to work.
If you need to work more to complete your project, then they should give you a bonus at the end of the year, or some other type of compensation. But, I don't think they have to. Most of these are actually going to be dictated by the state in which you are employed.

Now if they tell you that your are salaried at 95% billable hours, that's a whole different story. You could get 2 weeks of paid vacation, but you'll need to average 45 hrs a week to make up for the 80hs of vacation time to hit your 95% (I know the math doesn't quite work, it's an example)


I believe in general if you are considered and Intern, a Technician or any other Non-Licensed professional, you are allowed to work on an hourly rate in which case overtime should be paid. But again, I don't know that there's a Fed law that states your employer needs to pay you Time & 1/2 over 40 or anything else like that. They are required to pay you for work done, but working extra hours I think is up to what you signed up for. ie paid overtime at time & 1/2, just straight pay or any combination of the above. In Wisconsin (like I believe many others) we are in what's called an "At Will" State. ie If your employer wants you gone, you can be fired from your job for any reason at anytime at your employers discretion.

[Ryder76]

In my experience, traditionally people with bachelor degrees or filling positions of that level of duties or responsiblities are Exempt Roll employees. This means they receive salaries without overtime time. The idea being that the overtime is usually minimal(ie a 50 hour work week or less) and/or the salary compensates for the overtime.

I have seen instances where a salaried person would get straight time pay after they had worked 50 hours. What I have seen more often than not is a salaried person working 70-80 hours per week without overtime and only receiving their salary. The salary definitely does not compensate for that kind of overtime, the companies pressure the emplyee to give more and more to the point of their health failing or in some instances marriages failing and families broken. This disgusts me in the extreme. I get so tired of hearing the excuse of "it's just business". PEOPLE are business and PEOPLE make those policies, descisions and exert the pressure. Why? Fear and Greed

I prefer being paid by the hour - and I make a nice hourly wage that includes overtime when I choose to work it. QUID PRO QUO. Understand that I am a professional employee I am dedicated to getting the job done, but not at the expense of my health, my family or my life. Sorry for the little rant - it's only my opinion.

[Railrose]

In my experience, traditionally people with bachelor degrees or filling positions of that level of duties or responsiblities are Exempt Roll employees. This means they receive salaries without overtime time. The idea being that the overtime is usually minimal(ie a 50 hour work week or less) and/or the salary compensates for the overtime.

I have seen instances where a salaried person would get straight time pay after they had worked 50 hours. What I have seen more often than not is a salaried person working 70-80 hours per week without overtime and only receiving their salary. The salary definitely does not compensate for that kind of overtime, the companies pressure the emplyee to give more and more to the point of their health failing or in some instances marriages failing and families broken. This disgusts me in the extreme. I get so tired of hearing the excuse of "it's just business". PEOPLE are business and PEOPLE make those policies, descisions and exert the pressure. Why? Fear and Greed

I prefer being paid by the hour - and I make a nice hourly wage that includes overtime when I choose to work it. QUID PRO QUO. Understand that I am a professional employee I am dedicated to getting the job done, but not at the expense of my health, my family or my life. Sorry for the little rant - it's only my opinion.

I'm fortunate enough to work by the hour, & since I'm contract, I can shoose how many hours I want to work. My coworkers are salaried, but their OT is compensated by time off. If they work 50 hours this week, they can take 10 off next week, or whenever. I used to want to become a full time employee for this company, but after being contract over 9 years, I would feel like I'm starting over. I also have a little more job security, but not much, as a contractor.

[Misteracad]

Very interesting thread, and one that touches on topics I've struggled with for a long time. For years I worked as a contractor like Railrose and enjoyed the higher wages and overtime (1.5 x hourly rate) typically afforded those who work in that capacity. That was one of the perks of being a contractor, but the years of no pay for time off (holidays, vacation, etc.), as well as the inherent insecurity of being a contractor working in an "at will" State here in the US kept my wife and I constantly on edge as to when the axe would fall, or whether or not I would get thru the year without being laid off. That lead me to accepting a "direct" position for less $$$ where I am considered salaried, but I get straight time for anything over 40 hours/week. Certainly not the money maker that my contract position was, but I get 3 weeks vacation and paid holidays. I guess it all depends on what is important to you and where you are in your life, but even being in a so-called "permanent" position, I'm overhead, and still worry about my longevity. What I've learned thru my 20+ year roller coaster ride is that no one is immune to layoffs, and sometimes being a contractor is beneficial to some extent, because they tend to have a larger repertoire of resources and contacts to pull from should they find themselves unemployed (again lol).

To reiterate what Ryder76 said, I too have seen the long hours and resulting failed relationships and failed health as a result of working long hours for questionable gains (IMO). I struggle every day with the pros and cons of the business I am in, but here I remain since starting over in a new career is no picnic.

Getting back to the original question, CAD "monkeys" in my experience, are definitely considered white collar professionals and get paid accordingly. At my place of employment, CAD Technicians (Drafters) and Designers are all paid hourly and get overtime. However, as a CAD Manager type working in IT as overhead, I get paid salary. Hope this helps

Congratulations on your new position and good luck!

[Glenn Pope]

I also find this thread an interesting read. I've been hourly up until my current job. All designers are salary and drafters are hourly. Luckily there isn't much in overtime required here. I don't really see being salary as bad as long as the company does other things to offset the extra hours worked.

[spafeng803551]

I know it's been a long time. Just for future referrence: .

"The Department of Labor has stated that the computer employee exemption does not cover jobs such as engineers, drafters and others skilled in computer-aided design software." So...This issue is completely SETTLED! CAD Drafters are NOT exempt.