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USA: Computer Professionals Update Act

11.17.2011
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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.

Ujas Ujass replied on Fri, 2013/08/23 - 6:57am

I heard about the elimination of overtime pay for IT professionals when I was making Deltek vision training, I heard about similar bills in other states but never thought this was going to be voted in the Senate. There are a lot of hourly SysAdmins who get overtime and this bill is not a good news for them, now they have to change their strategy.

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Ahmed Hashem replied on Sat, 2014/07/19 - 6:19am



thanx for your post

العاب طبخ 2014 

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Ahmed Hashem replied on Tue, 2014/07/22 - 1:29am

Omar Ahmed replied on Fri, 2014/07/25 - 9:40am

 great update 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 

العاب تلبيس بنات

Alex Wifi replied on Fri, 2014/09/19 - 6:45am

 Whoa.! that was brilliance of the U.S System Admins to implement an idea like this as eliminating over time pay for the IT professionals may helps in recruitment of additional staff who were jobless but talented. Not only the single reason, but I strongly support them because that may help the present professionals to get a bit relaxed and doing well with their health. We at the Toronto seo company have been thinking to implement such an idea you have explained through your article. Thanks for the share.

Regards,

twitter 

 

Mohammad Yasin replied on Wed, 2014/08/13 - 2:51am

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.”

ام الفحم

Alex Wifi replied on Mon, 2014/09/15 - 6:02am in response to: Amara Amjad

Yeah I do agree with you Amjad, for now, many companies had implemented this idea! for not only a single reason but many. I strongly support them because that may help the present professionals to get a bit relaxed and doing well with their health. We at the toronto-seo.company  have been thinking to implement such an idea you have explained through your article.

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