Should I be considered an exempt employee...? (homes, salary)

[mockkkkk]

Hello everyone, had a question about exempt employees I wanted to throw out there.

So I work at a group home that supports a number of gentleman with Autism. My title at work is "Assistant Residence Manager". My employees are all "Direct Support Professionals". (DSPs).

I am an exempt employee, my employees are not. However, since I have held this position, (15 months) we have been relatively short staffed. The field in general is quite a revolving door and group homes often have these problems.

Anyway, I generally work anywhere from 40-50 or more hours a week. Of course, as an exempt employee I am only paid as if I worked 40 hours. My agency does have a PTO policy that covers both sick and vacation time. My first question is- if I were to miss time (work less than 40 hours, which is very rare) what guides my employer with regard to pay deductions in the case that I had no PTO in my bank? This is just theoretical, I have plent of PTO but I am just curious.

I have seen that an employer may not deductions for less than a full days work. Does that mean for less than 8 hours? Or, does that mean an employee must actually not be present for a workday they would normally work?

For example, if I worked 36 hours in a week, but all of those hours were crammed into three days...(out of necessity, to cover open shifts) could my employer deduct four hours from my pay? Or would they be forced to pay me my full salary as 36 hours is the equivalent of 4.5 days of work?

My other question, and this concerns me a good deal more- is whether or not my position should be considered exempt. I know that there are a series of tests to determine exemption, and that administrative and professional positions are some that qualify for exemptions. However, I would say that easily 75% of my time spent at work is covering shift vacancies that would otherwise be filled by regular, non-exempt employees...if we had them. I'm expected to complete the rest of my managerial duties in this time as well. That includes requisitions, communicating with parents, scheduling all of the floor staff and supervisors, as well as supervising shifts.

While our staff shortage is a real issue, it seems a little fishy that my agency can potentially have me work ten or more hours over the 40 I am paid for, and that those hours are always covering shifts that they would have to pay an hourly employee overtime to do- yet they get away with paying me nothing. I'm doing the same duties as the floor staff would, keep in mind.

In addition, I am also on call 24/7, even when I am "off".

I only make $34,000 per year. (They call me exempt, but this works out to $16.35/hr without any option to make overtime.)

My floor staff and floor supervisors make between $27040 and $30160 per year ($13-$14.5/hr) but they have the option for overtime.

This means a regular employee only needs 6.8 hours of OT before they exceed my puny salary. A supervisor only needs 3 hours.

Keep in mind that 50-75% of the time (and 100% of the time if I'm over my 40 hours) I am doing the same work duties as them.

Should I be considered exempt in this situation? It really smells off to me. Any insight would be most appreciated.

Thanks in advance!!

Edit: I meant to post this in work and employment, can it be moved? If not when I have access to the computer Ill copy and paste it over.