missclassified exempt

[wolf01]

i drive a tow truck i am paid the same pay each week i am not a manager nor do we run under dot there for we make no runs out of state we go no mare tha 100 miles in state i am scheduled monday-friday 8am-5pm and every other weekend so on week i work 45hrs the next week 108 hrs i dont believe that my weekends are considered on call for the fact that all companay phones are transferred to me so i have to take all calls for body shop,mechanics and office personel and i also have a limited time to respond to a call 15-45 min no matter where the call is i am not premitted to use of truck for own use and if i dont work the scheduled weekend i am docked 3 days pay for example went on vacation took 8 days instead of 5 after 4 years with the companay was docked 24hrs pay was paid $84 for the 36hrs i worked before i left. am i right to assume that im misclassified as an exempt saleried employee and what should i do

 

[cbg]

There are probably a hundred different exemptions. When most people think "exempt salaried" they think of the so-called "white collar" exemptions, but there are plenty of others, including some for driving positions.

If you think you are misclassified (and I am not saying that you are either right or wrong) the best way to solve the problem would be to contact the US DOL and get an opinion from them. Theirs is the only opinion that counts, anyway.