computer programmers to lose overtime pay! <20 years ago!!!>

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Specop 007

Specop 007

Diamond Member
Jan 31, 2005
9,454
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Whats the problem again?

""I don't know of anyone that pays their developers on an hourly basis," said Mitchell E. Kertzman, president and chief executive of the Powersoft Corporation, a software company in Burlington, Mass. I.B.M. Sees No Effect

Mark Holcomb, a spokesman for the International Business Machines Corporation, said the new regulations "shouldn't affect I.B.M. at all." Most programmers are already exempt from overtime laws, and I.B.M. will continue to pay overtime to the small percentage that are not, he said."
 
BoomerD

BoomerD

No Lifer
Feb 26, 2006
66,258
14,676
146
http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.htm

Wage and Hour Division (WHD)
(Revised July 2008) (PDF)
Fact Sheet #17E:Exemption for Employees in Computer-Related Occupations Under the Fair Labor Standards Act (FLSA)
This fact sheet provides general information on the exemption from minimum wage and overtime pay for employees in the computer field under Sections 13(a)(1) and 13(a)(17) of the FLSA and Regulations 29 CFR Part 541.
The FLSA requires that most employees in the United States be paid at least the Federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
However, Section 13(a)(1) and Section 13(a)(17) of the FLSA provide an exemption from both minimum wage and overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and who are paid at least $455 per week on a salary basis or paid on an hourly basis, at a rate not less than $27.63 an hour.
Job titles do not determine exempt status. In order for this exemption to apply, an employee&#8217;s specific job duties and compensation must meet all the requirements of the Department&#8217;s regulations. The specific requirements for the computer employee exemption are summarized below.
See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, and outside sales employees, and for more information on the salary basis requirement.
Computer Employee Exemption
To qualify for the computer employee exemption, the following tests must be met:
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 an hour;
The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
The employee&#8217;s primary duty must consist of:
The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
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;
The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
A combination of the aforementioned duties, the performance of which requires the same level of skills.
The computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters and others skilled in computer-aided design software), but who 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, are also not exempt under the computer employee exemption.
Primary Duty
&#8220;Primary duty&#8221; means the principal, main, major or most important duty that the employee performs. Determination of an employee&#8217;s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee&#8217;s job as a whole.
Click to expand...
 
R

Rage187

Lifer
Dec 30, 2000
14,276
4
81
I got hourly when I was a QA tester but that was the last time. Been salary ever since.
 
Red Squirrel

Red Squirrel

No Lifer
May 24, 2003
70,540
13,791
126
www.anyf.ca
Sadly programming jobs are pretty much a dying thing. Everyone is outsourcing these days. This is a nightmare for us IT people because we are stuck supporting 3rd party code but yet we're not actually allowed to touch it.
 
D

DCal430

Diamond Member
Feb 12, 2011
6,020
9
81
This will have a big impact for the state of california as programmers working for the state are paid hourly. This will cost the state money, since these people will no longer be required to work 40 hours.
 
D

DCal430

Diamond Member
Feb 12, 2011
6,020
9
81
1991, I wonder why the state can get away with paying them hourly still then.
 
brianmanahan

brianmanahan

Lifer
Sep 2, 2006
24,624
6,011
136
i know that hyland pays programmers hourly, but they just pay you less and expect you to work overtime
 
T

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
I know the article is old, But you can fix it...Unionize. Salary is BS anyway, everyone should be hourly
 
BoomerD

BoomerD

No Lifer
Feb 26, 2006
66,258
14,676
146
DCal430 said:
1991, I wonder why the state can get away with paying them hourly still then.
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The law doesn't require programmers to be paid salary...it only eliminates the requirement for salaried programmers to be paid overtime. An employer can still pay hourly...and if they're hourly, they get overtime.
 
Jeff7

Jeff7

Lifer
Jan 4, 2001
41,596
20
81
TheSiege said:
I know the article is old, But you can fix it...Unionize. Salary is BS anyway, everyone should be hourly
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"We want people to do more work for us, but we don't want to pay them for it."
"Let's call it 'salary' though, instead of 'unpaid overtime.'"



It sure is a damn awesome deal for employers though.
Instead of giving someone overtime pay to work more hours, you don't have to pay them anything at all for it. Hell, just start lobbying to be able to count everyoneas salaried, and reduce the official work week to 10 hours. (At least make sure that they'd get minimum wage over those 10 hours.) Then suddenly you get those 30+ extra hours for free.
 
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alpineranger

Senior member
Feb 3, 2001
701
0
76
As a full time software developer, I currently can get paid overtime by one of the largest employers of software developers in the Silicon Valley - it's a household name, and one of the largest tech companies in the US.
 
Doppel

Doppel

Lifer
Feb 5, 2011
13,306
3
0
This is ridiculous. I know a bunch of programmers and damn near none of them get OT because they are salaried and "professionals", per this article, so they don't get OT anyway, it's part of the job.

EDIT: 20 year old article, lol
 
A

Argo

Lifer
Apr 8, 2000
10,045
0
0
Red Squirrel said:
Sadly programming jobs are pretty much a dying thing. Everyone is outsourcing these days. This is a nightmare for us IT people because we are stuck supporting 3rd party code but yet we're not actually allowed to touch it.
Click to expand...

I don't think that is close to being correct. Most software companies are hiring like crazy, and keep stealing candidates from each other. We have a ton of openings for all sorts of positions.
 
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