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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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  •  The existing text is under the 1st horizontal line (2+ / 0-)
    Recommended by:
    cville townie, kurt

    There is a link to the Fair Labor Standards Act so you can read if at the source. But the affected section is 213, which is reprinted in the original post, that indicates employees whose positions are legally defined as "an employee in a professional capacity" are exempt from overtime pay.

    What that means is that if your current IT job pays you for your overtime hours and you make at least $27.63 per hour or $23,600 per year, your employer could stop paying you for your overtime hours by law if this passes.

    •  So here it is: (1+ / 0-)
      Recommended by:
      James Kresnik

      Before:

      (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.

      After

      (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).’.

      Religion gives men the strength to do what should not be done.

      by bobtmn on Mon Dec 12, 2011 at 12:21:54 PM PST

      [ Parent ]

    •  What's cute is that the $23600/yr (1+ / 0-)
      Recommended by:
      nchristine

      or $455 per week translates to an hourly wage of $11.35 at 40 hours/wk. Not $27.63 (which would be an annual salary of nearly $60k). $11.35. I bet a large number of people fall between those marks. Even at an average of 30 hours/wk, anyone earning over $15/hr would be exempt, though I would expect many people working part time to be on a wage basis instead of salary.

      Somehow I'm really scratching my head at the wage value in the legislation, because the salary cutoff is so much lower it's not funny.

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