One thing I learned when our team was converted from exempt to non-exempt several years ago; the law defines who is eligible to be exempt, but it doesn't require that those people have to be exempt. So just because the law classifies you as a "professional", that doesn't mean that you cannot be paid hourly.
For me, this is something of a moot point as California labor law has an entirely separate section for "those involved in the production of motion picture effects" that still classifies myself and my coworkers as non-exempt. At least the way our lawyers read it, yours may decide differently. :-) On 17.11.2011 02:19, Anton Cohen wrote: > (re-sending as rich text because the plain text version was so mangled it was barely readable, sorry) On Thu, Nov 17, 2011 at 12:49 AM, Paul Graydon wrote: > > Whilst it's good to get some clarity, I know a number of people who work >> for companies who do Military contracts where hourly pay and overtime are >> quite common across all skill levels, who probably won't be happy with > > government regulating something they and their employers are happy with. >> >> Frankly I'm not entirely sure of the need to even regulate stuff like this, >> speaking as a Brit living in the US. In the UK it's not regulated and it's > > up to the company to set terms in your employment contract. > > As far as I know US law and this amendment (making tech workers professionals) does not prevent employers from paying professionals hourly with overtime. This amendment actually gives employers the choice, i.e., they will be allowed to hire sysadmins as exempt (no overtime required). Without this amendment sysadmins that do not qualify as Administrative employees could only be hired as non-exempt (overtime required). Federal contractors are encouraged to pay overtime to exempt employees [1], which is probably why Military contractors are paid OT. > [1] http://www.btlg.us/News_and_Press/articles/FLSA-overtime%20for%20exempt.html [2] > -Anton -- Dan Rich | http://www.employees.org/~drich/ | "Step up to red alert!" "Are you sure, sir? | It means changing the bulb in the sign..." | - Red Dwarf (BBC) Links: ------ [1] mailto:[email protected] [2] http://www.btlg.us/News_and_Press/articles/FLSA-overtime%20for%20exempt.html
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