Slashdot Mirror


IT Workers Not Eligible for Overtime in New Rules

bjarvis354 writes "The San Diego Union Tribune is reporting that the Department of Labor Secretary Elaine Chao unveiled new rules that seem to specifically target IT workers and other white collar workers for exemption from overtime pay. The Oneonta Daily Star claims that 'According to new exemption tests, the employee isn't guaranteed overtime pay if primary duties involve office or non-manual work,' and 'Computer employees are not guaranteed overtime pay if they make $455 a week, or if their hourly rate is $27.63. Affected employees include computer systems analysts, programmers, software engineers or anyone with a similar title.'"

17 of 1,068 comments (clear)

  1. This is new how? by ajiva · · Score: 5, Informative

    I don't see how this changes anything? Most IT workers never got overtime, of course we have very flexible schedules so its a good tradeoff I suppose.

  2. Not news by NineNine · · Score: 4, Informative

    I could be wrong, but I was first in IT back in 1996, and this was the case back then (In NC). This is most definitely not news to me. I was in IT for almost 7 years, and I never got paid a dime of overtime (but the hourly rates I was getting paid were already obscene).

  3. Damn... by Jin+Wicked · · Score: 4, Informative

    For all the difficulty and struggle that comes with it, it's a good time to be a contractor or self-employed.

    They (some dept. in the govmn't) also put out a press-release type thing months ago instructing employers how to avoid overtime pay under general circumstances. Maybe someone could help me out and dig it up...

    Your government, always fighting for the little guy instead of big business. Gotta love it.

    --
    My Webcomic: Asylum on 5th Street
    1. Re:Damn... by Jin+Wicked · · Score: 5, Informative

      Ah, here it is:

      http://seattletimes.nwsource.com/html/nationworld/ 2001830565_overtime06.html

      That's an article about it, I used to have a copy of the actual document they're referring to.

      --
      My Webcomic: Asylum on 5th Street
  4. Inaccurate Headline... by jkubecki · · Score: 5, Informative

    Once again, typically for Slashdot, the headline is very inaccurate. It's not that IT workers aren't eligible for overtime pay, it's just that it's no longer guaranteed. If your employer wants to pay you overtime, that's still their prerogative, not to mention a good idea for retention. Believe, there are folks out there earning overtime for IT work that this will not affect at all.

  5. AFL-CIO story by blakespot · · Score: 4, Informative
    It's terrible stuff. We need to get this guy out of office.

    http://www.aflcio.org/yourjobeconomy/overtimepay/n s04202004.cfm


    blakespot

    --
    -- Heisenberg may have slept here.
    iPod Hacks.com
  6. Actually, this story is WRONG by ScottGant · · Score: 4, Informative

    I repeat, the overtime rules were reworked at the last minute!

    The Bush administration on Tuesday pulled back from a planned overhaul of the nation's overtime rules, allowing more white-collar workers -- including those earning as much as $100,000 a year -- to continue collecting premium pay if they log more than 40 hours a week.

    From The Oregonian

    --

    "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    1. Re:Actually, this story is WRONG by Suppafly · · Score: 4, Informative

      There was, and still may, be a law that exempted some groups of workers from overtime pay. IT was, and may still be, in that group.


      IT in general wasn't in that group, very specific subsets of IT employees are in that group. Many employers would love to have you believe that every IT job is in that group, but that is simply not the case.

    2. Re:Actually, this story is WRONG by Johnny+Mnemonic · · Score: 5, Informative

      Computer workers do not qualify for OT if the following applies:

      The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;

      -The employee's primary duty must consist of:

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

      2) 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;

      3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

      4) A combination of the aforementioned duties, the performance of which requires the same level of skills.

      These are the up to date rules changes proposals.

      http://www.dol.gov/esa/regs/compliance/whd/fairp ay /fs17e_computer.htm

      --

      --
      $tar -xvf .sig.tar
    3. Re:Actually, this story is WRONG by SirChive · · Score: 4, Informative

      Yes, this guy gets it! Society is facing structural changes in the nature of work unlike any seen since the beginning of the industrial age.

      Back in the 50's and 60's the popular press was filled with stories predicting a future when automation would mean we could all work 25 or 30 hour weeks and still live the good life. The accepted presumption was that the wealth of society would be shared.

      But under our current system of unrestrained capitalism business has found it more profitable to fire a quarter of the workforce, move a quarter of the jobs overseas and crack the whip on the remaining few workers forcing them to work massive hours for stagnant pay.

      Eventually something has to give. The trouble is that Joe Pickup and Mommy Minivan still buy into the illusion of upward mobility even as their finances crumble around them and decent work disappears.

      Maybe when the 30 million Walmart and Fast Food jobs get turned over to Service Robots people will wake up and start to wonder how we are going to provide the chance at a decent life to all the members of our society.

  7. It's not new - for salary workers by Slowtreme · · Score: 4, Informative

    Salaried, AKA Exempt Employees, are exempt from overtime pay. If you have a contract for $60K per year and no other stipulations you should not expect additional pay for working over 40hours per week.

    Employees that are on an Hourly wage get paid hourly. This new law is saying that if your wage is over this $20 mark, you do not have a right to earn time and a half, but you will still get paid on your hourly wage. If you work 60 hours you get paid for 60, not 70 (40 + 20 + (20/2))

    Companies are required to have no more than 50% staff on Exempt status (ratio may change from state to state)

    --
    Post: Sigged, for your pleasure.
    1. Re:It's not new - for salary workers by LostCluster · · Score: 4, Informative

      It should be noted that if you're an overtime-exempt non-hourly employee, a whole new rulebook comes into play.

      They can't make you punch a timeclock... nor can they deduct pay for being late or leaving early. Just like working extra time can't earn you extra money for the week, they can't deduct money if you work less than fourty hours. When it comes down to it, about the only retribution they have if they don't think you're working enough is to let you go.

      I usually make a policy of demanding offsets for any time that I'm schedule to do something outside of business hours within the same week so that if anybody asks while I'm not there, there's a recent project that can be pointed at.

      If a project just can't survive without me showing up seven consecutive days... then this is an ill-designed project to begin with. Most states have a "day of rest" law that prevents employers from scheduling any seven days in a row for the same employee anyway...

  8. Re:Math troubles? by m000 · · Score: 5, Informative

    That probably refers to people making at least $27.63/hour who do not work enough hours/week to break $455.

  9. Actually, actually, this story is RIGHT by ArmenTanzarian · · Score: 5, Informative

    From Misleader.org

    In a move designed to blur the issue, the Administration today said it was revising its previous effort to terminate overtime protections for 8 million workers. But even by the Bush Administration's own admission, the "new" regulations will mean that tens of thousands of lower-income workers will be cut off. Opponents of the Administration's plan say that the revisions would still cause problems for mean millions. The regulations are so bad for workers that some state legislatures have even rushed through legislation to block them.

  10. There is a union for computer professionals by XopherMV · · Score: 4, Informative

    WashTech is the union for computer professionals.

  11. Salaried workers can and do get overtime by DavidBrown · · Score: 4, Informative

    Sorry, but you are not entirely correct, at least in California. I won't speak for other states. California, BTW, has its own state overtime laws that will probably remain uneffected by the new federal regulations. In California, you get overtime if you work more than 8 hours per day or 40 hours per week.

    Just because you are a "salaried employee" does not mean you are exempt from overtime regulation. Salaried employees have an hourly rate - it's determined by dividing the "salary" by the number of hours worked each week.

    Essentially, all employees are subject to overtime rules by default, unless they are categorically exempt. Exempt employees include "professionals" such as lawyers, doctors, etc., and employees whose principal duties are the management and supervision of other employees. There are a number of other exceptions (I seem to recall that truck drivers, for example, are exempt. In California, many employers try to screw employees out of overtime by giving them the title of "manager" or "assistant manager", even though they remain wage slaves.

    --
    144l. ph34r my 133t l3g4l 5k1lz!
  12. Re:Bush administration by ElGuapoGolf · · Score: 4, Informative

    Like someone else did earlier, I'll call bullshit on this.

    Kerry, among other Democrats, has taken great pains to point out that he favors a tax increase on only those household who take home more than $200K a year.

    Just as a little personal example... I make a bit mroe than 28K a year, but less than 100K a year. I'll leave a little wiggle room in there for your imaginations. Last year, thanks to George W's tax cuts, I had to pay less income tax. Net savings was approx 300. Thanks!

    But wait. Because W wasn't done yet, oh no sir. He lowered the amount of interest I pay on my student loans that I could deduct on my taxes. Net loss to me, approx 740. Apparently getting a (very slight) break on the interest of your student loans is too much to ask for. Thanks!

    So thanks to George, I'm paying about 340 more than I did before, our deficit is through the roof, and it doesn't seem things will get better. If Kerry wants to raise taxes on people who make over 200K, and reset it so we middle class folks get our real advantages back while losing those superficial advantages, god bless him and good luck in November.