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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.'"

99 of 1,068 comments (clear)

  1. Well... by setzman · · Score: 3, Interesting
    $455 a week=$1820 a month=$21840 per year.

    If this figure isn't the take home pay amount, it looks like it would be a good idea (perhaps even a necessity) to get a second job. Ouch. Good luck to all you IT people.

    --
    C:\>
    1. Re:Well... by jacquesm · · Score: 3, Insightful

      This pretty much formalizes the situation that already exists. Also, in other countries there is a large trend towards a fixed monthly salary, instead of an hourly wage. That's a knife that cuts both ways though, it's pretty hard to get overtime paid under such an agreement, unless your employer specifically orders you to come in after hours.

    2. Re:Well... by andyrut · · Score: 3, Informative

      $455 a week=$1820 a month=$21840 per year.

      So there are 48 weeks in your year? :)

      $455/week x 52 weeks = $23,660/year

      Your point is still valid, after taxes that's not a whole lot of money on which to live.

    3. Re:Well... by hsidhu · · Score: 5, Interesting

      With regards to this, i have a question.

      Lately there have been couple of articles on slashdot and basically satated that most of the computer work these days is not really "white collar" (I dont like these terms presonally).

      So if one looks at other jobs around alot of workers are unionized eg, airline pilots/mechanics, auto workers etc etc.

      Is there a union for computer professionals?

      If so which one I havent found one, if not why not?

      We talk all high minded on slashdot thousands times a day every day 365 days a year. Is it all talk or do people here think that a Computer Professionals union is needed these days?

    4. Re:Well... by Anonymous Coward · · Score: 5, Insightful

      Nope. I had a professor (who I taught classes for), who asked incoming students, "How many of you are choosing this course of study because there is high demand for your talents and you'll get paid a lot of money?" No one wanted to put their hand(s) up until he really encouraged them to be honest. Roughly 60%-70% put up their hands. That's when he pointed out a fair percentage of people in the work world are in their forties, are too experienced to the point of being overqualified for many jobs (to make a change), are set enough in their ways they can't adapt to something roughly similar to their current skill set, and don't have enough experience to move up (the Peter Principle[1]). Bottom line? They're waiting for the next 20-30 years to pass by so they can retire. That's a LOT of time to wait doing something you don't necessarily like just because when you started you thought there'd be a job.

      [1] the Peter Principle: Everyone will rise to a level of incompetency. Basically, you'll get one promotion too many and end up in a job you are incompetent to do. He's dead now, but look up some of his books. The hold true even today.

    5. Re:Well... by Maestro4k · · Score: 3, Insightful
      • We talk all high minded on slashdot thousands times a day every day 365 days a year. Is it all talk or do people here think that a Computer Professionals union is needed these days?
      It's really a question of the lesser of two evils. Unions aren't exactly the great defenders of the workers they want you to believe they are. I read a very enlightening book a while back detailing (with documentation) what's happened with unions so that they've gotten out of control. I personally would rather avoid joining a union and take my chances as they stand now.
    6. Re:Well... by _Lint_ · · Score: 5, Insightful

      No. The last thing professionals need is a union interfering in their ability to negotiate their own employment terms.

      This policy doesn not mean you can't be paid for overtime. It only says that your employer doesn't have to make it compaly policy to pay you for overtime.

    7. Re:Well... by aastanna · · Score: 4, Insightful

      I would imagine it would be very tough to unionize IT.

      First, auto workers, airline pilots, factory labour, etc. tend to work for a small number of companies with high fixed costs. There are IT people in every company, making negotiations and organization difficult.

      Second, IT is a very diverse group. Tech support, code monkeys, developers, systems analysts/architects, network admins, management that still does code reviews/coding, etc. It's difficult to lump those positions together, or draw distinctive lines between all of them.

      Third, skill as a programmer depends a lot on natural talent, and there's a lot of ego involved. There are lots of really gifted individuals who would rightfully object to being grouped in with people who took a six month course at the local community college.

      Fourth, some of us are a lot more worried about our jobs than others. If you're doing helpdesk tech support you should be very worried. If you're spending most of your time meeting with users in person and doing design for a profitable company you're a lot harder to outsource, and have much more job security.

    8. Re:Well... by mwood · · Score: 4, Insightful

      Since the promotion ladder in most businesses eventually winds up in management no matter where you start, I'd suggest that the Peter Principle only strictly applies to those who started out in management. For everybody else, the effect is the same but the cause is that you got kicked from a job you like and are suited for into one very much unlike what you signed up to do and have been doing for years.

      What happened is that you started (perhaps involuntarily) a new career at the same business, without any formal education. "Incompetent", while strictly true, carries a shade of meaning that isn't really fair. Imagine that your high school just got you a job as a sysadmin without ever offering any computing classes.

      Now, I would agree heartily that if you are training for a career in X mainly because of the money, you are probably seeking the wrong job and you won't like it much.

      BTW, those guys doing the same job every day for the next 30 years? those jobs are the ones now being outsourced to another continent. Stay flexible if you want to continue working.

      (As for that "overqualified" jazz, I'm reminded of Art Buchwald's story about a nuclear physicist named Kase who kept dumbing down his resume' until he landed a job.)

    9. Re:Well... by slipstick · · Score: 5, Insightful

      Unions aren't designed for the benefit of the whole only the benefit of their members. Which isn't necessarily a bad thing if your in the union but if your not, good luck finding a job.

      I may be presuming too much but I would think that a computer professional is likely smart enough to negotiate their own contract. If you aren't getting paid enough or you haven't negotiated an overtime scale than that's your fault. Why would you want to abdicate responsibility to a union anyway? Soon enough they will do something you don't like and than you have no way out.

      I totally understand that market forces may be such that computer professional salaries are low due to over supply in the market. Artificially increasing the salary through unionization won't benefit you in the long run. Already I see people here complaining about off-shoring. Just wait until you have a union, the jobs will bolt like there's no tomorrow.

      The best way to fight an over supply in your field is to train for a different field! Or simply be the best in your field.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    10. Re:Well... by Bronster · · Score: 4, Insightful

      I read a very enlightening book a while back detailing (with documentation) what's happened with unions so that they've gotten out of control.

      And I read a very enlightening book a while back detailing (with documentation) that not joining a union will make gremlins fly out of your nose, make your wife/girlfriend/right hand leave you for a football jock and besides the unions will give your name to the Mafia and you'll be lucky if they only break your kneecaps.

      I swear that's exactly what it said - only I can't remember exactly which book it was. It certainly was enlightening though.

      Back on topic: of course there's going to be bad eggs in unions and some of them probably have got out of control. Guess what - there's employers like that as well. I'd rather have those unions there and employers realising that they can't gouge me quite so hard because my co-workers are willing to back me up. Politics goes where there's power, and I for one am glad that unions have enough power to influence things (while hopefully not gaining so much power that the bad apples take over - I think that's what you're talking about. Surprise, it happens everywhere with power, including politics in general if you haven't been following along at home).

    11. Re:Well... by killjoe · · Score: 5, Insightful

      If reading slashdot is any indicator IT people hate unions. Don't expect one anytime soon.

      Maybe it would be more palatable if you did not call it a union. Call is an "association" like the doctors (AMA) and the lawyers (ABA) do. It does not seem so low class when you call your union an association. After all the people in unions drive chevys people in associations drive BMWs.

      --
      evil is as evil does
    12. Re:Well... by pyrotic · · Score: 4, Interesting

      I belong to the National Union of Journalists in the UK. They issue press cards, but also do uniony things, like get discounts for buying Macs, insurance deals, bitching about certain companies. If you think programmers are a diverse and egocentric bunch, you should really spend some time with journalists. The union here covers editors, TV folks, photographers, staffers, freelancers, and reporters from tech to gardening to celebrities to war.

    13. Re:Well... by danaris · · Score: 4, Insightful

      But if you were part of such a union, you'd have a say in it. History seems to show (though I'm neither a historian nor in a union, so I'm not exactly an expert...) that unionized workers can, on the whole, get better employment terms than non-unionized workers. That's not to say that you, with your mad negotiating skills (which you may or may not possess; just an example) can't negotiate a better contract, just that for the majority of workers, the contract the union can get them is better than the one they could get on their own.

      I've also heard some pretty stupid stuff that unions have done. However, a union is neither better nor worse than the people who make it up--which means that at worst, it can be a royal nuisance to the people in it and outright dangerous to the people not in it, employees and employers both. But you can always try to change it once it's there. Without it there, we won't have nearly as much clout as a group.

      Dan Aris

      --
      Fun. Free. Online. RPG. BattleMaster.
    14. Re:Well... by flamingnight · · Score: 5, Funny

      I just asked my manager about this. He said
      "That guy is full of shit. The Peter Principle is shit. And... (sniffle) well... (tearing up) Oh my God I hate my job and my life. I wish I were back to being a Technician instead of a manager!"

      Hm.
      Off to console him.

    15. Re:Well... by Catbeller · · Score: 5, Interesting

      That's when he pointed out a fair percentage of people in the work world are in their forties, are too experienced to the point of being overqualified for many jobs (to make a change), are set enough in their ways they can't adapt to something roughly similar to their current skill set, and don't have enough experience to move up (the Peter Principle[1]). Bottom line? They're waiting for the next 20-30 years to pass by so they can retire.

      Well, by that measure, the logical thing for managers to do is to let go of everyone over 40; overqualified, inflexible, chairwarmers waiting for the next thirty years to retire.

      And that's exactly what they are doing. Firing people over 35 and hiring young inexperienced people.

      Points:

      How can you be overqualified and at the same time inflexible? If you are more than qualified for the job, how could you have been inflexible?

      Where exactly are YOU planning to work when you are forty? I assume you are a IT/Comp Sci/Engineering type. The professor's pointmakes sense to you now, because you are young (another guess). What are you planning on doing when you are useless? Will you be overqualifed and yet have spent two decades becoming too inflexible to learn new techniques? If you are the exception, why assume everyone else will be the lump you won't be?

      And the fastball: how old was the old, inflexible professor? Over 35? Where does he work? I'm thinking he's too old and tired to be employable at his advanced stage in life.So why listen to his unemployable brain? If he is working, at his sad time of life, then where's he getting off making such a comment? If he isn't working in the private sector today, in his golden years, then how does he justify teaching you? He's just as superannuated and untrainable as the old professionals he's dismissing.

      **

      I was watching Leo LaPorte interview Kevin Mitnick (37+)on TechTV's The Screen Savers a month ago. Kevin,old hacker that he is, has started a security company. Wrote his own code to test the security of networks.

      My recollection of a bit of it:

      Leo's question: who wrote the code? An old guy like you can't be doing it, right?

      Kevin (slightly off-balance): Um, I wrote it.

      Leo: But you can't be up to date with all the stuff that's happened in the last few years?

      Kevin (a little stunned): Well, I do read books...

      **

      It's sad, this meme. Almost all the yunguns here on Slashdot posting today will be olduns in ten years. Am I listening to a giant asssemblage of soon-to-be irrelevant fossils?

      Maybe it's the old chicken-and-egg syndrome. Older IT workers stop trying because they know that they won't be taken seriously anymore because they don't play the Star Wars RPG at lunch with the other workers, or can't go bar hopping with the gang after work? (yup. speaking from observation at work).

      Is it fossilization of the brain, which isn't physiologically possible at the ancient age of 40 -you're at your peak, really - or is it the simple prejudice of the management and the younger workers themselves that set the stage for the demise of the 35+ year old's career?

      Not idle questions. A lot of are hitting that wall now.

      (My opinion, for what's it's worth, etc: you lose that learning edge when you get married and have kids. Life takes up too much time to spare 20 hours a day learning and coding. Unmarried guys tend to hang in longer.

      You also can just get tired of the politics and the endless staring at a screen.

      It's not brain death, or inflexibilty. It's about becoming MORE flexible, acquiring more interests, like girls and national politics. And maybe just about requiring more sleep :)

    16. Re:Well... by Ironica · · Score: 4, Insightful

      Back on topic: of course there's going to be bad eggs in unions and some of them probably have got out of control. Guess what - there's employers like that as well.

      More to the point, unionization is the corrollary to incorporation.

      Corporations exist for one purpose: to protect and increase the profits of their shareholders. Unions exist for one purpose: to protect the jobs and compensation of their members. NEITHER has any direct interest in the consumer's environment; they only will improve things for consumers to the extent that such actions help achieve their primary goals.

      Yet, somehow being profit-motivated is darn near sacred in this country, while unions are evil because they raise wages (and therefore cut into profit margins). I think there should be a better solution, but we haven't found it yet... so for the time being, I definitely support unions as a countermeasure to corporations. (Which doesn't mean I support every union's every action blindly; people make bad decisions. There are also corps that do *good* things, though.)

      --
      Don't you wish your girlfriend was a geek like me?
    17. Re:Well... by GOD_ALMIGHTY · · Score: 4, Insightful

      What makes you think that you will still be in a position to bargain for better terms from here out? If your job is seen as a commodity, how can you differentiate yourself in a way that will allow you to negotiate these terms? Unionization is a reflection of the maturity of an industry. It also does not require that anyone working in the field be a Union member, it simply means that having a Union is in the best interest of the majority of the workers in that industry or with that specific job. Software development has been around for over 30 years as a job. Auto workers saw their job mature in about 50 years. I would argue that the Software industry is simply maturing and the thought of Unions is something US software engineers should research and consider.

      It's no different that trying to get a better price by buying in bulk at Sam's Club. Unions help to insure that workers do not take the brunt of volatility in a mature market. I don't recommend Unionizing new industries as soon as they show up. Individualism and laissez faire policies tend to help new industries, but can actually stop the formation of new industries around old ones.

      There is no such thing as a free market in reality. There are always going to be factors that make the market non-free, reason says that you should find the best way to work within the system that exists. Unions, like Corporations, are simply a tool to better organize resources within society. Planned economies don't work, but lack of regulation can make a commoditized industry too volatile to build new industries on top of. How could you build a chip fab if there wasn't a stable and relatively inexpensive source of energy and pool of workers to run it?

      Does this mean that this country's experience with Unions has been all roses? No, but neither has our experience with Corporations, yet lot's of people join Corporations, although the Corporation's alligiance is more to shareholders than workers. If you think of a Union as a Corporation who's shareholders are the members and who's customers are the Corporations the shareholders work for, it seems much more natural.

      I personally think that this country has done a very good job of exploring the capabilities of capitalism and laissez faire policies. I also think that the progress and complexity of the economy and society we have built with these tools may need other tools and new tools to continue it's growth.

      I like Roosevelt's VP Henry Wallace's quote: "Freedom in a grown-up world is different from freedom in a pioneer world. As a nation grows and matures, the traffic inevitably gets denser, and you need more traffic lights."

      The idea is to strike balances so as to better the country as a whole without stepping on the rights of individuals. If the eletrical and telecom industries had not matured, it would have been much harder to develop the industries that are built on top of them.

      Other countries understand these principles, especially India. That's why the rest of the world standardized on GSM (via regulation) in the cell phone world and why there are more applications, more widely available for cell users in the rest of the world. This country lost it's leadership in the cell industry, because it refused to mature the industry and grow new ones on top of it.

      If you want to see the US continue the growth it has had, then we must be intelligent and rational about the tools we use to manage it. Capitalism vs. Socialism is a dead argument. Now we must compete with other countries who aren't still bound to the ideological struggles of the last century. Unions and mature industries are just part of the toolbox. If you don't like the way Unions have been run in the past, think about how you would do it in the future. Would an equivelent of the SEC for Unions help? What model of collective bargaining for labor would best reflect the types of jobs that are currently being commoditized?

      --
      Arrogance is Confidence which lacks integrity. -- me
    18. Re:Well... by bstarrfield · · Score: 3, Insightful

      Slashdot readers, IMHO, don't believe in unions for several reasons:
      1) Most readers believe that they are special and unique. They won't be outsourced, they won't be replaced by a college student who has knowledge of new technologies, etc. Why join a union if your so amazingly good that you'll never need one?
      2) For a board that loves to talk about economics, very few people seem to have any understanding of the field. Sorry to say it, but being an intelligent computer programmer does not make you an expert on labor economics. So many readers seem to believe that laissez-faire capitalism will create a better world, but for some reason I doubt they've read Smith, Galbraith, Friedman. Without any knowledge, people somehow make the assumption that unions are incompatible with capitalist economics.
      3) Many Slashdot readers are, apparently, quite young. I think these folks - who don't need to send kids to school, consider long term medical care, pay prescriptions, or worry about retirement become Libertarian simply because they're pissed off about the taxes they have to pay. Look, I get pissed off too when 40% of my paycheck disappears. Certainly Ayn Rand and other Libertarian thinkers don't view unions too highly - after all, its the little guy ganging up against the Perfect Man.
      4) The truth is, programming is becoming a commodity service. Higher managers don't care that you're a great guru of Z++ on Amiga when they can hire from India at 1/5 the price. Commodities are easily exchanable, and very very few programmers have such unique skills that they cannot be replaced. At least unions let the commodities (us) have a fighting chance at negotiation.

      --
      /* Dang, I can't type that well. */
    19. Re:Well... by Artifakt · · Score: 5, Interesting

      "Is it fossilization of the brain, which isn't physiologically possible at the ancient age of 40 -you're at your peak, really -"

      Even at 40, you're probably not at your peak yet, unless you choose to be.

      There's been a number of myths about this for way too long. People point to scientists such as Einstein, ignoring the Maxwelloids and Lord Kelvenites who did some of their best work after 40, or occasionally 60. Buckminster Fuller was famous enough to pose at age 40 for a bust commemorating his career in 1929, but practically everything he is now noted for he did after that. The same sort of examples can be cited for art and music (Look at what Bach did after 40). I'm citing mostly historical figures because, if anything modern medicine is making the chance of outstanding performance in later life grater and greater.
      Meanwhile, some people ignore counter-evidence of rather obvious kinds. (For example, the US Army is generally a young man's game for purely physical reasons, but they grant hundreds of age wavers to keep talented people over age 60 in every year. These are people being kept primarily for their mental skills, and who are also willing to work hard enough at keeping up their physical abilities to not be knocked out for not being able to do 50 push ups on a test before they are even eligible for a waver - obviously that's a lot more selective a pool than in the tech industry, where a diabetic or wheelchair bound person is unlikely to be rejected on those grounds before they even get rejected for age biases).

      --
      Who is John Cabal?
    20. Re:Well... by greenhide · · Score: 4, Insightful

      You will get paid what the market decides you are worth.

      It's an employers market. Which means you will pretty much be paid crap if you quit. Employers know this; Congress knows this; the President knows this. In fact, it's pretty much the reason that all of this crap is able to happen: workers are far too busy working extra hours to keep from being canned to worry about being politically active. They have mortgages/rents to pay and kids (or at least themselves) to feed.

      In the times to come, I predict that the worker will be increasingly squeezed. I mean, productivity has gone through the roof, but jobs have consistently been going down. What does this mean? It means that companies need to higher fewer people, which means that for each person working, they know that there are 10 people out there who want his/her job. So that person will work harder, won't ask for a raise, and certainly won't try to upset an employer by pointing out that s/he isn't being paid overtime.

      In fact, we have a situation similar to the end of the 19th Century, with thousands of workers clamoring for factory jobs and being willing to stand for ungodly working conditions and low pay because the alternative was no job at all. The *only* thing keeping it from being that bad is *NOT* market forces, but rather a whole slew of governmental regulations that make sure a worker has acceptable working conditions. Those laws were passed as a result of political action by the labor movment. Tragically, the labor movement has now lost a great deal of it strength and credibility. We do need a similar movement however, to protect the rights of the workers and to re-assert the main goal of the United States: not to support the making of money and protections of corporations, but rather the livelihood and freedoms of its populace.

      --
      Karma: Chevy Kavalierma.
    21. Re:Well... by 14erCleaner · · Score: 3, Insightful

      Be of good cheer: NPR reported yesterday that computer science college enrollments are way down. So the oversupply will correct itself (again) as those students who don't really like computers stop majoring in it.

      --
      Have you read my blog lately?
    22. Re:Well... by kjd · · Score: 3, Funny

      Off to console him.

      I had to read that 3 times before I could get it to mean "comfort" and not "root tty". Time for a break...

  2. 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.

    1. Re:This is new how? by Jhon · · Score: 4, Interesting

      This is true. I received overtime until last year when I got an "offer" to go salary. I cant complain, they took my previous years base pay + all the over time I made and added an additional $15k/year and asked if I would go salary for that. Thinking "Hell yes!", I said "Hmmm... sounds reasonable -- let me talk it over with my family". Took the offer, of course.

      With a few exectpions, I can walk out on my job at the drop of a hat and pick up where I left off in the evening. Of course, there's the off 2am page/alert that has me up and at work -- or once I had to walk out of an amusement park and return to work -- but it's a fair trade, imho (and MINE is all that matters to me).

      -jhon

    2. Re:This is new how? by LostCluster · · Score: 3, Insightful

      The key thing is that you at least feel that your're getting a fair shake on the deal... no more accounting for OT in exchange for more money than you feel you would have gotten if the meter was running.

      2am pages are acceptable if they're rare and they're about real issues. It's when there starts being too many of them that things get messy.

  3. If you don't get paid for something by Moderation+abuser · · Score: 4, Insightful

    Don't do it.

    --
    Government of the people, by corporate executives, for corporate profits.
    1. Re:If you don't get paid for something by Frymaster · · Score: 5, Insightful
      Don't do it.

      if you "don't do it" as an individual, you'll get fired. however, if you "don't do it" as a group you'll have more power. if the entire i.t. staff decides to cease work until their is fair treatment, your chances of success is greater.

      that's right: i'm talking union.

  4. Overtime? by G27+Radio · · Score: 3, Interesting

    You mean we were supposed to be getting overtime before? I don't ever remember getting paid overtime in the last ten years.

  5. 100k by thebra · · Score: 5, Interesting

    Workers may still get overtime pay if they earn between $23,660 and $100,000 and work more than 40 hours per week.
    I don't want to hear any complaints if your making over 100k a year. If your making less thank 23,660 a year I'm confused too.

  6. 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).

  7. whew.. by dogas · · Score: 4, Funny

    Boy, am I glad I don't make $27.63 an hour.

    --
    'When the going gets weird, the weird turn pro.' -HST
    1. Re:whew.. by Suidae · · Score: 4, Insightful

      What is it with hardcoding numbers like this in laws anyway? Shouldn't they provide a forumla to calculate the value based on some economic figures that the government could maintain in a big table somewhere? Like minimum wage could be (Imed/2.5) where Imed is the median income for the region, as defined and maintained by some government department.

      They could keep track of whatever variables they need to define these numbers so that the values defined in these laws stay resonable over time and through times of high and low economic prosperity.

      The law should also define exactly what the various terms in the equation represent and the reasoning behind why they were chosen.

      We have all these computers around, we should be using them to improve the way our government works, not just by giving government workers ever-more bloated versions of Word, but by improving the process by which laws are made and maintained.

      Right now we hardcode all the values and 'recompile' every couple of years. Its dumb and a waste of taxpayer money and resources.

  8. 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
  9. PHBs... by ItMustBeEsoteric · · Score: 3, Insightful

    "Affected employees include computer systems analysts, programmers, software engineers or anyone with a similar title."

    Admittedly, I didn't RTFA, but that statements just SCREAMS for pointy-hairs to change the job titles of the people who they don't want to have to pay for overtime.

  10. WTF? by MadBiologist · · Score: 4, Funny
    Why in God's name is slashdot quoting the Oneonta Daily Twinkle? I mean... my God.. can we get a smaller town paper to read for national tech news?

    Can you tell that I lived in Oneonta for a while?

    J

    --
    'Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?'
  11. I don't get it by Soporific · · Score: 3, Insightful

    Where did they get the $455 weekly and $27.63 hourly figures from? If you are getting paid $27.63 an hour, chances are you are clearing that $455 easily and if you are making $455 (after tax) weekly you are getting paid about $13-14 bucks an hour.

    ~S

  12. What is this thing called overtime? by Ian+Wolf · · Score: 3, Funny

    Oh yeah, thats that "time and a half" thing I use to get before I was salaried.

    I've been salaried so long now, I stopped lamenting paid overtime ages ago. Unfortunately, this means my wife's already meager paycheck is gonna get leaner.

    Great.

    --
    "The words of the prophets are written on the Slashdot walls."
  13. "New" rule? by Rosco+P.+Coltrane · · Score: 4, Insightful

    new rules that seem to specifically target IT workers and other white collar workers for exemption from overtime pay.

    That "new" rule is as old as IT : if you do your legal 40 hours per week in an IT company, you're out of here faster than you can say "antidisestablishmentarianism".

    In the last company I worked for, a minimum of 60 hours per week was expected, sort of like an unwritten rule, often a lot more during death marches. I was well paid of course, and bonuses were huge, but in reality I had a really shitty hourly wage.

    So what's new here? just that it's now a written rule that IT workers are slave workers. The only thing this does is diminish even further the impression of "privileged workers" non-IT folks have of us, and that's too bad because that's about the only glamour of the job.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:"New" rule? by bc90021 · · Score: 4, Interesting

      Well, I work for a tech company, and they expect me to work sixty hours a week too... the only difference is that I don't. I work the forty. At 5pm, I get up, pack my computer, and leave.

      It's that simple. I'm not getting paid overtime, so I'm not doing overtime. Granted, I'm "on call" once every other week, so I get woken up sometimes, but frankly, I just don't understand why people think they have to do that extra 20 hours. Do they give you more money? Do they come over and help clean your apartment? No. So why do it for them?

      They are providing you a job, and as long as you do that job, then "expectations" are just that.

    2. Re:"New" rule? by LostCluster · · Score: 4, Interesting

      Reminds me of the rumored Microsoft tactic of hiring two people for one job, with the knowledge that one of them would be fired at the end of the first year. The result is that the two would end up working many hours of unpaid overtime that management doesn't even have to ask for in order to get ahead of their rival.

      I'm not quite sure that's the kind of environment where I'd want to struggle to keep the job...

    3. Re:"New" rule? by Suidae · · Score: 4, Interesting

      Sounds like a variation on the Prisoners' Dilemma.

      I wonder if the alleged Microsoft managers actually understood the strategy.

  14. getting $100k/year hourly? by gevmage · · Score: 3, Interesting

    The article says: "Chao said about 107,000 white-collar workers earning $100,000 or more a year could lose their eligibility."

    People in that salary bracket are being paid hourly? I had always assumed that anywhere in the 50+ per year range is a salaried position, and overtime isn't an issue anyway, because you don't keep a time clock.

    --
    Craig Steffen
    http://www.craigsteffen.net
  15. figures . . . by uberjoe · · Score: 5, Funny

    Another astounding success in the Bush Administration's No Billionaire Left Behind program.

    --

    The days of the digital watch are numbered.

  16. What about SB 88? by Mr.Surly · · Score: 3, Interesting

    Which explicitly states that IT workers making less than $83,000 anually must be paid overtime?

    This was signed into (California) law in 2000, I believe.

    SB 88

    From the bill:

    This bill, except as specified, would exempt a professional employee in the computer software field from this overtime compensation requirement if the employee is primarily engaged in work that is intellectual or creative, the employee's hourly rate of pay is not less than $41.00, and the employee meets other requirements.

  17. 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.

  18. Math troubles? by pknoll · · Score: 4, Interesting
    Computer employees are not guaranteed overtime pay if they make $455 a week, or if their hourly rate is $27.63.

    $455 a week is $23,660 yearly.

    $27.63 an hour is $57,470 yearly, which is already close to Federal overtime exemption (if not hitting it exactly, I don't recall the current figure).

    So, why the $34,000 discrepancy?

    1. 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.

  19. No better in Canada.... by Colonel+Angus · · Score: 4, Insightful

    ...well, perhaps not all of Canada, but I have been in IT now for 6 years and never once have received any overtime.

    My current job has the best "overtime" policy that I've had thus far, in that lieu time off is calculated on overtime hours * 1.5. So we get time and a half OFF for the time we work. Not bad. Gives me at *least* one day off every 3 weeks.

    So I have more time off, and no extra income to fork over to the gov't to misappropriate.

  20. 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
  21. In other news by cexshun · · Score: 5, Funny

    In other news, the Department of Labor is experiencing strange outages with their network, website, and all IT related systems.

  22. I can see it now... by Frennzy · · Score: 4, Funny

    PHB: Mr. Frennzy, we'd like to offer you employment. Your base wage will be $27.65 per hour.

    Me: No WAY man! I won't take a penny over $27.62 per hour.

    Thankfully, it's not an issue if you're self-employed.

  23. 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 cluckshot · · Score: 5, Insightful

      Not only is the Story Wrong but even the thinking behind the ruling is wrong.

      Overtime laws were set in place first during the 1930's to reduce labor supplies in order to maintain some price levels to prevent deflation. During World War 2 the US War Department (Now DOD) ran into a problem with productivity. They had very highly motivated workers who had been starved for money and who had family in the field fighting and dying. These workers wanted to win the war all by themselves THIS WEEK!

      The problem developed that they bought the ideas behind the new rules that more hours of work ment more productivity. So they wrote contracts with companies that open endedly encouraged long hours. As soon as these began productivity spiked upwards and by the end of a month it had crashed to levels in the order of 50% or less of what productivity had been during the 8 hr/day 40hr/week times. The hours were pushing upwards to 100 or more a week so the US War Department did some serious studies on productivity.

      Their research showed that after about 35 to 36 hours a week of work, no additional productivity could be sustained even working much longer. In factory line situations this was even worse as defect rates rose catastrophically. Simply stated the 40 hr work week was about 4 hours too long for human functionality. By 44 hours the situation was seeing rates of production drop dramatically. By 72 hrs nonfunctionality had happened.

      Studies have been done of office workers on this issue and the numbers are even worse for them on hours of sustained productivity. The reality is that OVERTIME is no good for families, industry or profits! It is a good way to get programs or devices that fail. In offices where workers salaried are paid flat rates, we often see long periods of non-productive time because of this. The few "Workaholics" we see are mostly very busy but frankly most of them actually damage the production effort in the long run. Unfortunately they look good to management who often does not look to see where the money came from.

      The whole ideals set for the Bush team is an early industrial revolution set of ideas that did not work. Their "Adam Smith" "Invisible Hand" theories do not work either. Their concept is that there is a shortage of labor. This is inspite of 80 years of American History showing that we have a profoundly dangerous over supply of labor both in the USA and world wide.

      The Technolological progress many of us in IT are responsible for is actually increasing the world wide efficiency of the labor by about 12% a year. This is threatening to collapse the market all together. This is the "Jobless Recovery" that is still very much a reality. By the way, don't give me the crap about 308,000 jobs in March. It is probably a fiction anyway but assuming it is true, the USA must add nearly 360,000 jobs a month for static economic conditions to be maintained due to population changes. The USA must also increase income by about 3.5% per annum for the same reasons. It currently is seeing rises in income about 1%/annum which translates into a 2.5% cut in actual wages per average person.

      --
      Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
    4. Re:Actually, this story is WRONG by caseydk · · Score: 4, Interesting

      Why don't we just tell the government to get their damn hands out of it in the first place?

      I have a salaried job now that doesn't get me overtime. I have had hourly contract jobs in the past that don't give overtime, but pay for the actual hours worked.

      Shifting from contract jobs to a salaried position meant that I had a significant paycut and unpaid overtime (like everyone else in the field), but it offered stability.

      If you want to be compensated for working more than 40 hours, do it at a different job or get it into your contract.

    5. Re:Actually, this story is WRONG by pbox · · Score: 4, Insightful

      The 300K new jobs in March most likely came about by counting in the people standing in line for unemployment checks. After all it is like working for the checks...

      Almost as ingenious, as the previous move, whereas the fast food employees suddenly became part of the manufacturing sector. The manufacture cardio-vascular problems...

      --
      Code poet, espresso fiend, starter upper.
    6. Re:Actually, this story is WRONG by Anonymous Coward · · Score: 4, Interesting

      I just came off a contract as a software engineer at a subsidiary of a Fortune 500 insurance company. The management, apparently, does not believe your statements about reduced productivity when you work too many hours in a week. All the full time (hence salaried) engineers were working well over 80 hour weeks. They would keep track of the number of hours these salaried employees worked. One of my co-workers put in over 90 hours one week and was not even in the top 10 for number of hours worked. This went on for months. If a union is required to stop this insanity, I say unionize. Those poor schlubs were beat and ill-tempered almost all the time and I can tell you they made a lot more mistakes than they should have.

    7. Re:Actually, this story is WRONG by Phurd+Phlegm · · Score: 3, Interesting
      Everyone I know works more than 40 hours a week and nobody gets paid overtime.

      The solution to this problem is simple. Tell your prospective employer you are willing to work forty hours a week, but you're willing to negotiate more hours for higher pay. Then, when they say they expect you to work "till the job is done," tell them no.

      I've found it works better expressed in terms they can relate to, e.g., "I'm just so unproductive on a long work week I end up getting less done," or "I make so many mistakes the last twenty hours I spend the next forty cleaning them up," though what's really true is "my family and my life are more important than the emergency you're too cheap to staff."

      My favorite line is, "a professional works till the job is done." This is actually true, but incomplete. It should end with "and sends you a bill for every minute it took." Check with your lawyer and see if you can get a flat rate for an open-ended job.

      Of course, it helps if you're good enough that even your manager can see that you're a bargain....

    8. Re:Actually, this story is WRONG by Rich0 · · Score: 4, Insightful

      The Technolological progress many of us in IT are responsible for is actually increasing the world wide efficiency of the labor by about 12% a year. This is threatening to collapse the market all together.

      The problem is that our system is designed around the scarcity of labor - which is becoming less the case.

      Suppose we developed the technology to have robots do 100% of all physical labor, and 95% of all non-inventive labor (any kind of service which doesn't involve very high levels of labor). In theory in such a society everyone could afford to live like a king (at least at present population levels). However, under our present system, you'd have 50 people living far better than any king in history (the 50 people who own the robots), and everybody else who can't even afford to buy food.

      The problem is that with modern technology, the need for workers is lowering every year. However, with our present system you can only obtain money by working. Anybody see a potential problem with this?

      I'm not sure that communism is the right solution, however eventually something has to change. Perhaps mandatory maximum 5 hour work weeks will be the norm one day?

    9. Re:Actually, this story is WRONG by geekoid · · Score: 3, Informative

      Becasue we have a lot of power.
      Companies depend on IT. No IT, and your company will collapse. Now if we had a nation wide Union, we could stop this is a heart beat.

      Some people don't want to let market decide pay rates when it doesn't work in there favor.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    10. Re:Actually, this story is WRONG by geekoid · · Score: 3, Insightful

      I am beating this to death in this thread, but it is important.
      Salary doesn't mean your not entitled to overtime.
      read your state labor laws regarding this.

      also, I have found out the salaried 'full time' employee does not mean stability. The last place I was at, they kept the contractors, and let the regular employies go. Different parts of the budget.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    11. 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.

  24. "Salaried" usually equals "hourly" anyways by four12 · · Score: 5, Interesting

    I've worked for 17 years in the IT field, and all but three of those years have been as a "salaried" employee.

    If I am "salaried", why do I have to fill out a timesheet? Why, when I only have 38 hours on my timesheet, do I get paid for 38 hours? Conversely, when I have 68 hour, I only get paid for 40?

    I've brought this up as "illegal" on a couple occasions, and even cited the state's labour laws, only to have it thrown back at me.

    THIS is where we need to make some reforms too...

  25. 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...

    2. Re:It's not new - for salary workers by bjarvis354 · · Score: 4, Interesting

      Just to throw my personal perspective into the mix. I am also a salaried employee and currently, I *do* get overtime. I have a union contract that defines many conditions where I am paid OT as a supervisor. I work past those limits, I get an extra 1/6th of my salary (our work week is defined as a 6 day week).

      The men and women who I supervise are hourly get ~$30/hour and get OT as well.

      In closing: IMHO Unions are good.

  26. Re:OTOH by AmericanInKiev · · Score: 4, Insightful

    Not entirely,

    Overtime is an incentive for employers to HIRE people rather than working the one's they have to death.

    It is incentive which recognizes that the market if left to itself will gobble up all the dedicated people who don't have kids and can work weekends and evenings and leave the people who carry the real burden of society (yes parenthood) unemployed.

    Where there is no negative pressure on expliotation - people will sign up for expliotation rather than get left behind and starve - that is a comment on world experience over time - your mileage may vary (but not by much)

    AIK

  27. memo from managment: by whitelabrat · · Score: 3, Insightful

    Yeah, um... were going to need you here this Saturday... and oh yeah... Sunday too.

    I can see this as a great opportunity for tech sweatshops to own their employees free time. My guess is the federal gov't wants to get out of paying contractors overtime fees?

  28. Re:Don't you wish you were blue collar? by XorNand · · Score: 5, Insightful

    Man, I've worked construction. You'd pry my ergonomic mouse from my cold, pastey hand before I went back. You're just laborer, paid to break your body for someone else. The mentallity of your supervisors and coworkers is worlds apart from IT. It's a mind-numbing and spirit-crushing existance. I've been used and abused in IT too, don't get me wrong, but it doesn't even compare.

    Your talk of 6-figure incomes is BS. I've know only handful of people who have done that well; it's only because they work more overtime than should be humanly possible. Every single one is an alcholic who has to pause a moment to recall how old his own kids are.

    Choose wisely.

    --
    Entrepreneur : (noun), French for "unemployed"
  29. An Opportunity Here by blueZhift · · Score: 4, Insightful

    Maybe there's an opportunity here to get our lives in order. As some have already posted, if you don't get overtime pay for overtime work, then don't do it. Well, let's ask ourselves why there was a need to work overtime in the first place. Maybe it's time to slow things down to a pace where all of this overtime in not needed in the first place.

    The bosses in the corporate offices cannot have it both ways. If they want insanely high productivity, they are going to have to pay for it. Even workers in India will eventually cost as much as here for the same work output. So let's stop this madness and live our lives like human beings instead of 24/7 machines. Let's spend more time with our friends and family. Or perhaps more time actually getting friends and family! ;-) We may not get richer, but we will be happier. And if the boss man don't like it, screw him! He's gonna lay you off eventually anyway, so why sacrifice your life for him?

  30. As the market fundamentalists like to say... by composer777 · · Score: 4, Interesting

    Capitalism is a positive sum game. While I certainly disagree with that statement, in this case it makes sense. When Unions fight for extra rights, then employers who are unecessarily hoarding all that cash are forced to give some of it away. This helps out everyone in the economy (except for a very small, very wealthy group). Unions are positive sum. When a Union struggles and wins extra rights, all workers benefit. The idea that somehow by forcing employers to take care of their employees and pay them a living wage will destory the market is ridiculous. We all benefit when society consists of people that are paid well, healthy, and happy. Perhaps you would like to go back to the early 20th century when children were worked 14+ hour days, and people were treated like machines (oh, wait, that second one hasn't changed much). If it weren't for Unions, chances are that you would be working a miserable, low wage job, and the country would be entirely in the pockets of the rich by now. You have quite a bit to be grateful for, it's too bad that you don't realize it.

  31. this is news? by moojuece · · Score: 3, Informative

    this has been happening for years...last time i got paid overtime, i was working at a liquorstore doing inventory i havent seen a penny for any of my overtime hours since working in IT

  32. Read the friggin rules by dieman · · Score: 3, Informative

    "The exemption for employees in computer occupations does not include employees engaged in the operation of computers or in the manufacture, repair or maintenance of computer hardware and related equipment."

    Systems Administrators are still non-exempt. Programmers with 'high skill level' are not.

    --
    -- dieman - Scott Dier
  33. 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.

  34. Get organized or get used to it. by randomizer · · Score: 5, Insightful

    I never understand how negatively so many people view unions. This is exactly why individuals have to join together to protect themselves. If one worker objects to unfair labour practices the boss can choose to ingnore him or fire him. If the IT workers of America refuse to work under unfair conditions then ... 1. Their jobs go offshore more quickly (maybe); or, 2. The PHBs relocate to right-to-bugger-workers states (perhaps); or, 3. The PHB negotiates, a compromise is reached and, while nobody gets to declare victory, a truce can be arranged (sadly less likely than ever before due to workers neglect of the need to protect their own). Obviously the demonization of unions by owners that has somehow been sold to credulous workers makes #3 unlikely in most of the Unscupulous States of America. Until electors figure out which side their shrinking bread is buttered on (repeat after me: my interests are not the same as those of the rich) and that they actually have the power to change things (though picking a Dem over a Rep doesn't change much) then you can all just bend over (unless you are rich, in which case -- fsck at will).

  35. Re:Don't you wish you were blue collar? by Chilltowner · · Score: 3, Insightful

    Well, we may get it, we may not. Once upon a time, there were highly trained, very skilled workers who were at the forefront of technology. They were also fiercely independent--the last group of people you'd ever think would get together in something like a union. But when the shit started hitting the fan, that's what the auto workers did--they formed the UAW. And, say what you will about their state right now, for decades they were a MAJOR force for building the middle class in large parts of the industrial U.S.--the same middle class that is rapidly disappearing now. Time will tell, but I remain optimistic if history is any guide. Union up, geeks; it's time to save our flat asses.

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

    WashTech is the union for computer professionals.

  37. Unions? by tehanu · · Score: 4, Insightful

    One has to ask why IT workers don't form a union or if they don't like the idea of a union, at least a Professional Organisation like doctors and lawyers have to fight for their rights? Right now, the only IT lobby groups represent your employers ie. the big IT companies. Remember, government doesn't hear anyone who doesn't have a big enough lobby group. Government is a matter of give and take between different interest groups and since there's a finite money to go around (yes, even with the heavy government debt) if you're not one of the winners, you're one of the losers. It was fine to be free-wheelers during the dot-com boom, but now in the down-turn you need to really have an organised voice.

  38. Re:No reason to thank the unions by composer777 · · Score: 3, Insightful

    Gee, that's a nice theory. The good thing is that we don't need to theorize about what will (continue to) happen if we don't set a living wage, we have a long history where we can show what happens when people get subservient and don't fight for their rights. They get paid less and less, and their treatment is worse and worse. The history is very real. Your theory that if we lower wages enough that somehow employers will employ the maximum amount of people, is absolutely baseless, has no history to it, and no evidence. Your assertion that setting a minimum or living wage that employers will stop hiring people, is also baseless. Employers have ALWAYS sought to hire the least amount of people possible. The idea that allowing them to treat their employees like shit will change has no basis in reality.

    The other obvious thing worth pointing out, is that prices are set by supply and demand. Since there has never been 100% employment, in other words, there has always been an oversupply of labor, one can conclude that the market value of labor is heading towards $0 an hour. Clearly the price set by the market is unworkable. If employers actually hired people when the price of labor was low to non-existant, then why haven't they hired all of the Americans willing to work for less than $5.15 an hour? Why haven't they employed all of the people of Mexico, who are willing to work for whatever the market will bear? Oh wait, that's right, it's because everything you've said about employers hiring as many people as possible if the price is low enough is false.

  39. You can still get overtime by hng_rval · · Score: 4, Insightful

    Just because the law no longer mandates 1.5 overtime pay for certain jobs does not mean that you cannot request it in your contract.

    If you are about to accept a job offer and they do not pay 1.5 for overtime, ask for it. If they refuse, suck it up or find another job. You don't need the government to mandate that they pay 1.5.

    --
    Thank you Mario! But our princess is in another castle!
  40. Re:Don't you wish you were blue collar? by KingOfBLASH · · Score: 3, Informative

    The parent should not me modded Interesting

    My brother in law is a plumber and steam fitter. It's true that when you're an independent contractor, and own your own business, you can make lots of money. However, to get to that point you need to get trained, and certified, and pay lots of dues. And you literally do pay dues. To become a plumber, or other skilled blue collar worker you need to work as an apprentice, for $30k a year, if that, for somebody else who makes the $100k a year, until you pay off your training -- which can take years

    Even then, when you finally do become a master, and can start out on your own business, that takes a lot of money and hard work. You need money to set up shop, and you need to be a certain type of person to make the business work. If you're not good at keeping books, and running the business, you will never make $100k+ a year, and will have to go back to breaking your back for somebody else, even though you might be making as much as $40k+ for them

  41. anti-union bias? by ndunn · · Score: 4, Interesting

    I'm not exactly sure where all of the anti-union bias comes from. Screenwriters and actors have a union, and they are also well-paid (most of the time) and creative people.

    I also think that the argument that we can negotiate our own contracts is equally naive. Sure, there are some that can, but I wouldn't say that social skills and negotiation are well-known geek skills outside of MMRPGs.

    The only disadvantage of unions, as was eluded to earlier was the whole factor of diverse employment. However, that doesn't bar places like MS, Apple, Sun, Adobe, IBM, etc., etc., from joining unions. This doesn't mean people sit on their buts while unions continually strike, but it does mean you have someone negotiating your benefits and work week for you, collectively, as well as a network of peers.

  42. Re:Bush administration by ERJ · · Score: 3, Informative

    Median (not mean) household income for the USA is around $41,500 or so...

  43. 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!
  44. Pussies! Take control of your careers! by Anonymous Coward · · Score: 4, Interesting

    Ten (unordered) Rules for Success:

    1. Know your shit. If you're a sysadmin who can't make an Ethernet cable or a programmer who can't build a workstation, you deserve to be at the mercy of others.

    2. Know others' shit. You just gonna sit there while the PFY brings down the intranet?

    3. Be your word. Every discrepancy between what you say and what you do will be used against you. This does not mean that your word must be intelligible to anyone but you. Make credible threats and follow through.

    4. Incompetents must fear you, whether they work above you, with you, or below you.

    5. Everyone is your adversary until proven otherwise. This does not mean you should be on the offensive, but you can't let your guard down. Trust no one with your reputation.

    6. Take no shit, give shit only when your case is strong. It's hard to implement (4) without giving shit, but your aim had better be true. Sometimes it's better to bide your time.

    7. Make no friends in haste. Lunch is ok but never, never go drinking with an incompetent. It just makes it harder to fire them later (*sob* I thought we were friends!).

    8. Be humble. The more bad-ass you say you are, the more the probability of us having a drink approaches zero.

    9. Carry your own insurance and retirement, even if you are on salary. It's so easy to walk out the door when your benefits are secure, and they know it. Don't forget to negotiate for extra compensation!

    10. Punctuality. Some deserve it, some don't. Learn the difference.

  45. Re:Actually, actually, I'm confused. by Jaysyn · · Score: 5, Funny

    And like everything else in this govenment, no one know exactly what the fuck is going on at any given moment.

    Jaysyn

    --
    There is a war going on for your mind.
  46. What about consultants? by brodin · · Score: 3, Insightful

    For all the talk about "aged" brains and the like the professor didn't mention that _most_ consultants are older (30s - 50s) and presumably are hired for their skills...

  47. Isn't everything negotiable? by Anonymous Coward · · Score: 3, Interesting

    - if i don't like an employer's terms (such as benefits, overtime pay, etc.), i won't work for that employer... - and if that employer does a 'change up' on original terms of employment, then i am free to seek employment elsewhere... - i'd only worry if a law were enacted stating that i must remain employed with a certain employer - but i think we've come a few years down the road from that mentality, haven't we?

  48. Bush's overtime changes by forevermore · · Score: 3, Interesting

    How is this any different from the overtime laws that Bush managed to push through? Or is this the same law set just reworded? The actual new laws do a lot more than just hurt IT workers. Although some of this has apparently been ammended, the original proposal exempted anyone with a college degree, nurses, police, etc. This is a bad law.

    --
    Do you really need reason for beer? Wingman Brewers
  49. Incompetent when old - incompetent when young by Theovon · · Score: 4, Insightful

    I work with a number of people who are much older than I am. I'm 30, and I work with engineers in the range of 28 to 55. Management has people in their 40's, 50's, and 60's.

    We have had people in management and engineering who weren't flexible. Hard times pretty much made those people go away due to layoffs.

    Those people who are left are plenty flexible. We have one 54 year old who is a runner. He's healthy as a horse and quick. We have another 51 year old who recently made an easy transition from test engineering (a stepping-stone position) to driver development.

    It seems to be an assumption that getting old makes you incompetent. But my opinion is that "old" people who are incompetent were always that way. Perhaps they are no longer so good at hiding it. But those people twice my age who were good at their jobs when they were younger are still good at their jobs AND are able to adapt to new positions.

    Mind you, I don't adapt as quickly as I did when I was 20. When you get older, you slow down a bit. Sometimes, learning takes a little longer. But intelligence and discipline can make up for that, and a lot of experience makes one more efficient at identifying WHAT to learn.

  50. Re:No reason to thank the unions by Geoff-with-a-G · · Score: 5, Insightful

    Wow.
    Some really appaling economics failures in this post.

    Let's start with:
    "Employers have ALWAYS sought to hire the least amount of people possible. The idea that allowing them to treat their employees like shit will change has no basis in reality."

    They SHOULD always seek to hire the least amount possible. If it costs me $10 to make my product (car, ladder, gallon of milk, whatever) then I can sell it to you for $20 and make $10 of profit. If I have to hire three times as many people, it costs me more than $20 to make it now, so no way am I selling it to you for that. The only people who benefit from that are the extra workers, who are effectively being paid to do nothing, since they add no value above the original staff. Forcing someone to pay you when you aren't giving them value in return is theft.

    Your problem is you have this mental image of these magical corporate vaults that just fill themselves with money, and the corporations horde it all. With that as your standard, it's no wonder theft seems appealing. But that vision just isn't true. They're filling that vault by charging YOU for their products. If you rob their vault, they're just going to charge you more. The way to make things better isn't to steal harder or faster, it's to work in good faith with the corporation to make the system as efficient as possible. In free trade, both parties profit. Parasites only profit until their host dies or fights back.

    Another, more glaring flaw:
    "Since there has never been 100% employment, in other words, there has always been an oversupply of labor, one can conclude that the market value of labor is heading towards $0 an hour."

    First of all, if it was true that there was an oversupply of labor, and that it was causing the price to head towards zero, then it must be heading there really slowly, or else it would be there already. As you state, employment has never been 100%, so the market adjustment you predict seems to be taking longer than all recorded human history.

    The reality is that "labor" isn't a single commodity like pork or lumber. Not all labor is the same. You can't fire the Chief of Neurosurgery and replace him with the $5.15/hour guy.

    Lastly:
    "If employers actually hired people when the price of labor was low to non-existant, then why haven't they hired all of the Americans willing to work for less than $5.15 an hour?"

    1) Because there aren't actually that many Americans willing to work for less than $5.15 an hour, especially over the age of 17.
    2) Because the unions and the minimum wage laws will try to prevent you from hiring people for $3/hour.
    3) Because you have to create the jobs for them to be hired into. This isn't something that should be done by politicians (though they usually claim to do it). This has to be done by corporations, be they large or individual startups, and it requires that they have access to surplus money. Right now they're spending that surplus on the three guys doing one guy's job, two of whom are on break.

  51. 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.

  52. Interesting - but article is wrong... by SillySlashdotName · · Score: 3, Informative

    I worked as an EMT with a county ambulance service for 10 years in the 80s (1980 - 1990) and we went 'round and 'round with the government body we worked for about the overtime issue. They tried to use the FLSA 7(k) and 13(b)(20) sections to exempt us from overtime for time when we might have been asleep (we almost never actually were allowed to sleep during that time, I remember one time we were out polishing the ambulance wheels at 3:30 because there was no calls at the time and the crew chief didn't want anyone to think they let us sleep on the job...) - so they were going to require us to be in the station house for 24 hours, but pay us for 16, even if we were working non-stop all 24 hours.

    Of course, we were not very happy at the prospect, and complained loudly!

    We were then routinely dispatched to fire scenes for 'standby' so that the county government could try to argue that we were 'fire fighting personnel' and fell under that exemption. When that didn't fly with the workers either (and the law was pointed out to the county commissioners), a LARGE chunk of back pay was paid.

    The current law requires overtime for anything over 212 hours in a 28 day period for fire fighting personnel - for anyone else covered by the FLSA it is any hours over 160 in 28 days.

    For you or I, that means working slightly over 10.5 hours a day every work day (5 days per week) for 4 weeks - WITHOUT GETTING OVERTIME PAY. (by the way, I am salaried and don't get overtime, anyway - but I do get compensatory time off...)

    So when the article mentions the overtime protection already afforded to Fire, Police, and EMS workers, it is deceptive, as they are NOT paid under the same rules as other people.

    My take on this is this is another "business friendly - fsck everyone else" move by the Bush administration. I don't like it.

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  53. Re:No reason to thank the unions by Anonymous Coward · · Score: 4, Insightful

    Since there has never been 100% employment, in other words, there has always been an oversupply of labor, one can conclude that the market value of labor is heading towards $0 an hour.

    This incorrectly presupposes that the lack of a 100% employment rate coincides with an oversupply of labor. It's generally understood in economics that a significant amount of unemployment is due to unavoidable due to frictional unemployment (day-to-day changes in a dynamic, changing economic system in which old industries die and new ones are born, in which people get tired of old jobs and old bosses, in which bosses find work of subordinates unsatisfactory, and in which new people enter and others reenter the labor force), and partially unavoidable due to structural unemployment.

    Furthermore, you're implicitly assuming that the "employers" and "employees" come from 2 perfectly distinct pools and that no one goes from employee to employer (nice hidden communist ideology in your post). This is false. In a free capatlist society someone who is working as an employee or is unemployed can start up their own buisness, creating more jobs and oppertunities (increasing the demand in the labor market) while simultaneously removing himself from the market (decreasing supply). The effect of these forces leads to a dynamic balance where the employment number fluctuates accordingly with the state of the whole economy.

  54. Re:Bush administration by cluckshot · · Score: 3, Interesting

    This is a great comment MOD this guy up! I have worked for the State of Alabama Department of Revenue Sales and Use Tax Division in the past. This will save money on collection and reward people for doing good. My Only objection to what is said here is that the Flat tax is actually worse than the current Income Tax. A National Sales Tax and you could kiss the IRS goodbye. Just don't associate the two.

    Definitionally a Flat tax is the end of small business. It wipes out the deductions against Income for individuals and does not allow you to count them against your earnings as a whole. At the same time a "Flat Tax" would leave the same deductions in place for the Big Co's.

    The Sales Tax taxes everybody the same. The most profound thing it does, is that it ends the tax advantages now extended to foreign (Not USA) businesses and individuals causing all players here to pay equally. It also frees US Exports from being mostly US INCOME Tax allowing us to compete in the world market. Want to watch the world scream for protection from the Americans... ? Pass the National Sales Tax and repeal any income taxes.

    --
    Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
  55. Clinton Added The Exemption In 1996 by vickir · · Score: 3, Informative

    The exemption which allows employers to exempt computer professionals earning over 27.63 per hour from overtime payment was added to the Fair Labor Standards Act in 1996. If memory serves, that puts it right square in the Clinton Administration. It's a good idea to check out the facts before you throw rocks. :-)