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View Diary: Democratic Senator To MORE IT Workers: No More Pay For Your Overtime Work (262 comments)

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  •  Overtime? (4+ / 0-)
    Recommended by:
    Jerry J, CatM, raincrow, kurt

    I am not sure what this amendment is trying to change.
    I thought the FLSA changed the status of 'Computer Professional" to Exempt (salary- no overtime) in 1992.
    Computer Employees Professional Exemption

    I have long been a salaried IT person. I might work 35 hours in a week or 86 (3 weeks ago).  

    I also have my own business and bill an hourly consulting rate.

    •  This is silly. IT workers do not get paid overtime (1+ / 0-)
      Recommended by:
      raincrow

      as it is.

      Perhaps you can legally ask for overtime.,. not sure if you are right or not..

      But it doesn't matter.. If you demanded overtime, you would be out on your ass looking for a new position.

    •  Well that does appear to be correct - for SOME (2+ / 0-)
      Recommended by:
      nchristine, Cassandra Waites

      However, Section 13(a)(17) currently reads:

      (17) any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is—

      (A) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

      (B) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

      (C) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or

      (D) a combination of duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and

      who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour.

      And that's where it ends and all it encompases.

      Senator Hagan's bill would change it to read (changes in bold):

      ‘(17) any employee working in a computer or information technology occupation (including, but not limited to, work related to computers, information systems, components, networks, software, hardware, databases, security, internet, intranet, or websites) as an analyst, programmer, engineer, designer, developer, administrator, or other similarly skilled worker, whose primary duty is--

      ‘(A) the application of systems, network or database analysis techniques and procedures, including consulting with users, to determine or modify hardware, software, network, database, or system functional specifications;

      ‘(B) the design, development, documentation, analysis, creation, testing, securing, configuration, integration, debugging, modification of computer or information technology, or enabling continuity of systems and applications;

      ‘(C) directing the work of individuals performing duties described in subparagraph (A) or (B), including training such individuals or leading teams performing such duties; or

      ‘(D) a combination of duties described in subparagraphs (A), (B), and (C), the performance of which requires the same level of skill;

      who is compensated at an hourly rate of not less than $27.63 an hour or who is paid on a salary basis at a salary level as set forth by the Department of Labor in part 541 of title 29, Code of Federal Regulations.

      ~~~

      This not only adds the salary restriction to the hourly one, it creates many new positions that will no longer be entitled to overtime pay if this passes, including work merely "related to computers".

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