November 16, 2011
A bill is currently making its way through the United States Senate that effectively eliminates overtime pay for IT professionals. The important text of the bill is:
Section 13(a)(17) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(17)) is amended to read as follows:
(17) any employee working in a computer or information technology occupation (including, but not limited to, work related to computers, information systems, components, networks, software, hardware, databases, security, internet, intranet, or websites) as an analyst, programmer, engineer, designer, developer, administrator, or other similarly skilled worker, whose primary duty is–
(A) the application of systems, network or database analysis techniques and procedures, including consulting with users, to determine or modify hardware, software, network, database, or system functional specifications;
(B) the design, development, documentation, analysis, creation, testing, securing, configuration, integration, debugging, modification of computer or information technology, or enabling continuity of systems and applications;
(C) directing the work of individuals performing duties described in subparagraph (A) or (B), including training such individuals or leading teams performing such duties; or
(D) a combination of duties described in subparagraphs (A), (B), and (C), the performance of which requires the same level of skill;
who is compensated at an hourly rate of not less than $27.63 an hour or who is paid on a salary basis at a salary level as set forth by the Department of Labor in part 541 of title 29, Code of Federal Regulations. An employee described in this paragraph shall be considered an employee in a professional capacity pursuant to paragraph (1).’
I think that I may have originally underestimated the importance of this bill to us SysAdmins in the United States…see, I was under the impression that we were almost all salaried and exempt – in other words, that overtime wasn’t an option anyway. I’ve been informed by a couple of friends of mine that this isn’t the case at all, and that there are a lot of hourly SysAdmins who get overtime.
Because I always want to be informed about the state of the industry, I built a really simple survey using Google Forms
that’s embedded below.
The results have been posted.