Linked by Thom Holwerda on Fri 2nd Dec 2011 22:43 UTC
Legal "A bill recently introduced in Congress would greatly expand the exemption to the Fair Labor Standards Act for IT employees, ending overtime benefits for many more types of workers, including network, database and security specialists." The Democrat senator of North-Carolina has introduced an even worse version of the bill, which specifically exempts database and network specialists and security professionals from overtime benefits. Say, isn't some company building a huge data centre in North-Carolina? I'm sure it's all a coincidence.
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It was only over $55K/year
by jefro on Sun 4th Dec 2011 16:46 UTC
Member since:

I could have read the law wrong but it would only apply to those making over $55K/year. Not sure it would affect any union positions. The union IT workers usually have some stipulation in the contract to allow for how to handle overtime. Firefighters and police usually get comp time in exchange. They may work for 60 hours and get 30 hours comp time where they don't have to show up to work but still get the 30 hour pay.

Reply Score: 1

RE: It was only over $55K/year
by Alfman on Mon 5th Dec 2011 03:03 in reply to "It was only over $55K/year"
Alfman Member since:


I don't know where you got the number, but the actual passage follows:

"To qualify for the Learned professional exemption, all of the following tests must be met: a) Employee is compensated on a salary basis at a rate not less than $455 per week; and b) Employee’s primary duty involves performing office or non-manual work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction."

Which comes out to $23k per year more or less, depending on vacation.

Since I already have it open, there are other sections of interest:

"d) The exemption does not apply to occupations in which most employees acquire skill by experience, or occupations that may be performed with: i) Only the general knowledge acquired by an academic degree in any field;
ii) Knowledge acquired through an apprenticeship; or iii) Training in the performance of routine, mental, manual, mechanical or physical processes."

Prior to this past decade, computer workers would NOT have been exempted by the fact that most of us were able to become qualified computer workers without advanced degrees. However, we are the only profession to have a section dedicated to our explicit exemption:

"F. Computer employee exemption
1. To qualify for the Computer employee exemption, all of the following tests must be met:
a) ...not less than $455 per week... or not less than $27.63 per hour
b) ...a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker...
c) Employee’s primary duty involves: ...determine hardware, software, or system functional applications...Design, development, documentation, analysis, creation, testing, or modification of computer systems or programs..."

(I cut out text because the source was very verbose)

"2. The computer employer exemption does not apply to employees engaged in the manufacture or repair of computer hardware and related equipment...."

I once worked at a tech support shop side by side with repair technicians, but I was there doing web development. Not that I realised any of this back then, but I would have been the only employee not federally protected against unpaid overtime.

I've beat the horse to death though. It just infuriates me that the law is such as ass sometimes.

Reply Parent Score: 2