Is a maintenance director who works hands on most of the day, overtime exempt?

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Is a maintenance director who works hands on most of the day, overtime exempt?

My husband is a maintenance director in a nursing facility on Long Island. He

works hands on all day, hes on call 24/7, and has to come in to work in the

middle of the night often, for maintenance calls, fire drills, etc. During the winter months, he plows for days on end, sometimes cannot come home for 2 days. Is this kind of work overtime exempt? He does direct a staff but doesn’t have any say in hiring or firing without administrator approval.

Asked on July 3, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He *may* be exempt. Even if he needs administrator approval for hiring or firing, if he has at least two full-time equivalents (FTEs: could be 2 full time employees, 1 full- and 2 part-time, 4 part-time, etc.) in terms of employees whom he manages, IF he has substantial or significant input in hiring and firing (so that his suggestions or input are taken seriously, even if he does nt have final say), then he likely exempt. If he has no or very little input into hiring or firing, he is most likely not exempt.


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