On 18 Aug 2008 at 11:12, Nikki Peterson - OETX wrote: > They keep their own records (see example of paycheck). I have spoken with HR > of whom ALL agree, the rules are subject to Management interpretation. > > Yes, I have a valid suit. What a pain-in-the-butt. If I were to bring suit, > I'd be poison. I'd win and then what?
Interesting read here: Wage, Overtime Exemptions Applicable to Computer-Related Occupations :: WRAL.com http://localtechwire.com/business/local_tech_wire/opinion/story/1833338/ ------- Included Stuff Follows ------- ... How Do I Determine Whether an Employee Qualifies for Exemption? To qualify for the computer employee exemption, the following tests must be met: 1. The employee must be compensated either on a salary or fee basis at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 per hour; 2. The employee must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field and must perform the duties described below; 3. The employee´s primary duty must consist of: (a) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications; (b) 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; (c) The design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or (d) A combination of the aforementioned duties, the performance of which requires the same level of skills. Thus, in order to qualify for the computer employee exemption, the employee must meet a compensation requirement and meet a "primary duty" requirement. According to the USDOL, a primary duty is the "principal, main, major or most important duty that the employee performs." Employees who generally spend more than 50 percent of their time performing exempt work generally will meet the primary duty requirement, but the amount of time spent on a duty is not conclusive. For example, the most important duty an employee performs could easily take up only a third of the employee's time and the employee could still qualify for the computer employee exemption. The computer employee exemption also requires that the employee be a systems analyst, programmer, software engineer, or similarly skilled worker. However, the USDOL has stated that "job titles are not determinative of the applicability of the exemption" due to the nature of the ever-changing computer industry. Therefore, employers should focus on whether a particular employee meets the duties test, rather than on the title of the position. ... The USDOL has taken the position that employees whose primary duties consist of educating and assisting computer users, such as "troubleshooters" or "help desk" personnel, generally do not qualify for the computer employee exemption. Such employees usually cannot meet the primary duty test of the exemption because their duties do not include actual analysis of the employer's computer systems. Additionally, employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (i.e., engineers, drafters, and others skilled in computer aided design software) are not exempt under the computer employee exemption. Again, such employees generally are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations identified in the primary duties test described above. Lastly, the computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. --------- Included Stuff Ends --------- ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
