On Oct 18, 2008, at 8:21 PM, Twayne wrote:
I have NO idea what that site URL is about; it doesn't look like any
place to spend any time at and showed nothing related to the subject
here. Wrong link maybe?
Nope but don't worry about it.
Also, re the straight-time-only, be careful when you refer to the FLSA
act: your are dealing with a lot of different and often overlapping
rules & regs there ranging from fully exempt to straight hourly and
software "programmers" come under a lot of different headings,
including
but not limited to, SW engineer, technician, coder and a host of other
names. Your claim about "computer professionals" is vague, off
target,
and can even be considered just plain incorrect.
I'm afraid I am not 'just plain incorrect'. Let me make it easy for
you go the Dept of Labor site this page <http://www.dol.gov/elaws/esa/flsa/screen75.asp
> and read the following, "Computer professionals: Section 13(a)(17)
of the FLSA provides that certain computer professionals paid at least
$27.63 per hour are exempt from the overtime provisions of the FLSA."
and this other page on the dept of labor site summarizes the
information further. <http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17e_computer.pdf
>
As the director of R&D I'm sure you were just testing me and you knew
all this. Computer Professionals (coders, documentation, System
analysts, QA, etc) are not salaried employees like other
professionals. They are also not guaranteed a salary like other
professions. They get neither the benefits of 'hourly' or 'salary'
employees. There are specific exemptions which specifically exclude
computer technicians and people like CAD operators who use computers
extensively in their work but their work product is not code etc.
As one who worked their way up from technician to Director of North
American Research &
Development at a telecom company, I was subject to a number of the
rules
and regs. Saying that a programmer only makes $27/hour
I was unclear. I didn't say that a programmer was limited to $27/hr.
Any computer professional making more than $27/hr falls under the
rules of the FLSA.
and then that
their pay need only reflect the number of hours worked is misleading
at
the very least.
Guess you aren't up to speed on the rules and haven't been since the
1990s.
Perhaps 30 years ago, $25/hr was a starting salary for
a good, ambitious person to write software but believe me, even
starting
salaries are a lot higher than that. I don't want to write a book
here
so I'll simply refer you to the FLSA site and let you do your own
homework; perhaps it will help you understand things a bit better.
Been there done that obviously you haven't.
It's a little like the guy that worked "by the job" (big mistake
sometimes!)
vs the guy who got paid hourly straight time. I never authorized
OT, so
he never worked OT, and thus never deserved OT. Ot in that case was
his
choice.
Had your programmer worked OT you wouldn't have had to pay him time
and one-half OT pay.
What REALLY matters is the contract you sign with the organization
you go to work for.
And the FLSA plus applicable state law.
--
Dr. Douglas St.Clair
Tir na nOg
Wilton, NH USA
