On Thu, Nov 17, 2011 at 3:12 PM, Joseph Kern <[email protected]>wrote:
> 3. We seem to be getting titled as "professional" without meeting any > of the current requirements under the FLSA[3]. > It's an amendment to Section 13(a)(17) of the Fair Labor Standards Act. That is a section that exempts computer programmers, computer analysts, and computer engineers [1]. Also exempt are people who work in an office (non-manual labor) and exercise "discretion and independent judgment with respect to matters of significance." And people who perform "work requiring advanced knowledge, defined as work which is predominantly intellectual in character" [2]. So you are not as professional as a software developer, your work doesn't require advanced knowledge, you do manual labor, or you don't exercise independent judgment? Most employers read the law as allowing IT workers to be exempt, but there have been a few lawsuits (or out of court agreements) where exempt IT employees were converted to non-exempt and got back pay (I worked for one of those companies). FLSA is not a law about denying professionals overtime, it doesn't do that. It's a law that protects manual labor and unskilled workers from been taken advantage of. This amendment simply clarifies that IT workers are skilled office workers. [1] http://www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf [2] http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.htm -Anton
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