USA: Computer Professionals Update Act
A bill is currently making its way through the United States Senate that effectively eliminates overtime pay for IT professionals. Matt Simmons, aka. the Standalone SysAdmin, is trying to gather information on this issue and we've republished his article below:
"The important text of the bill is:
Section 13(a)(17) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(17)) is amended to read as follows:
(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. An employee described in this paragraph shall be considered an employee in a professional capacity pursuant to paragraph (1).’
I think that I may have originally underestimated the importance of
this bill to us SysAdmins in the United States…see, I was under the
impression that we were almost all salaried and exempt – in other words,
that overtime wasn’t an option anyway. I’ve been informed by a couple
of friends of mine that this isn’t the case at all, and that there are a
lot of hourly SysAdmins who get overtime.
Because I always want to be informed about the state of the industry,
I built a really simple survey using Google Forms that’s embedded
below. The results can be found on my next blog post.
Source: http://www.standalone-sysadmin.com/blog/2011/11/usa-computer-professionals-update-act/






Comments
Amara Amjad replied on Sun, 2012/03/25 - 1:20am
There was a similar change made to the law in Ontario – the basic point of it was to prevent people from claiming “overtime” when they worked “off-hours.”
I only say similar in that IT people all freaked out thinking they were being denied overtime. The law up here was better worded though – it basically said that if you work less than 44 hours a week, you can’t claim overtime just because you were working overnight or weekends. It basically said that overtime was based on how much you work rather than when.