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Sat Jun 27 18:59:44 CDT 2009
make independent decisions as a supervisor, professional, or any of the other
exempt classifications that employee qualifies as exempt. Now, there are
obvious abuses of this exemption, but they come with the territory of the
responsibility inherent in a management position. And, like it or not, and
whether the station management agrees or not, the DOL recognizes a broadcast
CE as being management level. Maybe point out that announcers are also
considered exempt... :-)
My opinion is this: if a person has the title and responsibilities of a
management-level BE, and is exempt, then that person also has the
responsibility to negotiate their position as well. This includes hours of
work, job description, etc. If the job description includes too much
'non-professional' work, then challenge the exempt status, if you're
comfortable negotiating that with your management.
Of course, you may end up with the 'right to terminate without cause' clause
being applied to you; if a management-level employee can't negotiate to a
point of compromise then there are serious problems, and I would question the
ability to manage in that organization at all; this is not questioning that
person's ability per se, but questioning the manageability in that particular
organization. And some people frankly should never be in a management role;
but we're not arguing the Peter Principle here.
Of course, in a small station there is typically only one tech, who is
frequently given the title 'Chief Engineer' without the authority of that
position. In that case, the individual must make the informed decision as to
whether to put up with it or not.
If Broadcast Engineers as a class are 'professionals' then they qualify as
exempt; if they are non-exempt are they still 'professionals'? Depends.
But, again, I appear to have hit a nerve without intending too, and I
apologize for that.
--
Lamar Owen
Director of Information Technology
Pisgah Astronomical Research Institute
1 PARI Drive
Rosman, NC 28772
(828)862-5554
www.pari.edu
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