I've been trying to follow the chatter on this on IRC today....but guess I'm
confused. First the separation between hourly and salaried....I guess they
imply that hourly people can't work more than 50% that a salaried person works?
Since $27.56/hour would otherwise add up to much more than $23,600/year
salaried. So, it isn't a federal bill to give underpaid computer professionals
raises (some discussion on what $27.56/hour translates yearly....somewhere
between $49-55k? Though there's probably the total compensation versus base
compensation factor as well... its less than what I make, so doesn't affect me
either way.) But, yeah...it does concern me that this paragraph is a radical
change from the "Duties test" - "professional job duties" -- The job duties of
the traditional "learned professions" are exempt. These include lawyers,
doctors, dentists, teachers, architects, clergy. Also included are registered
nurses (but not LPNs), accountants (but not bookkeepers), engineers (who have
engineering degrees or the equivalent and perform work of the sort usually
performed by licensed professional engineers), actuaries, scientists (but not
technicians), pharmacists, and other employees who perform work requiring
"advanced knowledge" similar to that historically associated with the
traditional learned professions. reading further.... Professionally exempt work
means work which is predominately intellectual, requires specialized education,
and involves the exercise of discretion and judgment. Professional exempt
workers must have education beyond high school, and usually beyond college, in
fields that are distinguished from (more "academic" than) the mechanical arts
or skilled trades. Advanced degrees are the most common measure of this, but
are not absolutely necessary if an employee has attained a similar level of
advanced education through other means (and perform essentially the same kind
of work as similar employees who do have advanced degrees). So I suppose the
question does the bill exempt computer professionals from having to "exercise
of discretion and judgment."? ----- Original Message -----
> On Nov 17, 2011 6:13 PM, "Joseph Kern" < [email protected] >
> wrote:
> >
> > TL;DR, Professionalization for Sysadmin at the cost of overtime.
> >
> > Kay R. Hagan (D-NC) is sponsoring the Computer Professionals Update
> > Act (CPU). Please take the 15 mins needed to read this change in
> > Fair
> > Labor Standards Act (it's only about a paragraph).
> >
> > Here's the full text:
> > http://www.govtrack.us/congress/billtext.xpd?bill=s112-1747
> >
> > A rough summary:
> >
> > We are to be declared professionals under the FLSA, anyone paid over
> > $27.56 an hour will no longer receive overtime for their work.
> >
> > A couple of things bug me:
> >
> > 1. Kay Hagan has Time Warner and Time Warner Cable as donors[1]
> > 2. Michael Bennet (D-CO), a bill co-sponsor, has Comcast, Qwest,
> > Level 3, and Time Warner as donors[2]
> > 3. We seem to be getting titled as "professional" without meeting
> > any
> > of the current requirements under the FLSA[3].
> >
> > Time Warner, et al., have a serious stake in overtime pay, and while
> > not trying to seem conspiratorial I wouldn't see any other reason
> > this
> > would be introduced as an Act.
> >
> > So what do LOPSA members think about this?
> >
> > What is the official opinion of LOPSA on this issue?[4]
> >
> >
> > [1]:
> > http://www.opensecrets.org/politicians/contrib.php?cycle=2012&cid=N00029617&type=I
> > [2]:
> > http://www.opensecrets.org/politicians/contrib.php?cycle=2012&cid=N00030608&type=I
> > [3]: http://www.flsa.com/coverage.html ;
> > [4]: To consider ourselves as Professionals and a Community of
> > Professionals, there's a point where we need to have an opinion on
> > labor law.
> >
> > --
> > Joseph A Kern
> > [email protected]
> > _______________________________________________
> > Discuss mailing list
> > [email protected]
> > https://lists.lopsa.org/cgi-bin/mailman/listinfo/discuss
> > This list provided by the League of Professional System
> > Administrators
> > http://lopsa.org/
> I don't know about anyone else, but every IT job I've had (all in
> Massachusetts) have been exempt salaried positions. Starting with
> entry level help desk up through my current sysadmin position (which
> is still less than $27.56), I've never gotten paid anything for
> working more than 40 hours, let alone overtime pay. Would have been
> nice when I did 3 years of 70+ hour weeks.
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-- Who: Lawrence K. Chen, P.Eng. - W0LKC - Senior Unix Systems Administrator
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