Legal Question in Employment Law in District of Columbia

Re: Law re: overtime for computer professionals

Amendment to answer posted 02/02/04: Beginning with second paragraph, immediately after "computer professionals must be earning the above-quoted rate", the parenthetical phrase (on an hourly basis and not as a regularly salaried employee)

should've been inserted.

Therefore, under these amended criteria, the poster of this question would not qualify as an exempt employee since she(or he) is, apparently, a regular salaried employee.

Re: Law re: overtime for computer professionals

Your employer is probably correct. The "6.5" rule only applies to computer employees who are paid on an hourly basis. Those are generally the type who do piece-meal work, not the kind of programming you do on an ongoing, salaried basis.

For salaried professionals, if the computer programmer meets the FLSA definition of exempt administrative or professional employee, as most do, then overtime is not mandated. In short, the definitions have to do with the level of discretion the employee has. Most programmers get the specs from their users and then develop, modify or maintain their systems as they (the programmers) deem appropriate in their discretion. (Of course, managers and others have input, too.) That qualifies for the exemption.

If you do not think you fit that bill for some reason, feel free to call and we can discuss whether your position is exempt or not.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Law re: overtime for computer professionals

The FLSA was amended in 1996 and the 6.5 multiplication factor was removed and replaced by a flat rate of $27.63 per hour which, apparently, is still in effect.

To be considered exempt, computer professionals must be earning at least the above quoted rate and

be an "employee who is a computer systems analyst,

computer programmer, software engineer,or other

similarly skilled worker, whose primary duty is the application of systems analysis techniques and

procedures, including consulting with users, to determine hardware, software, or system functional specifications; and/or 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;

and/or the design, documentation, testing, creation,, or modification of computer programs

related to machine operating systems" or a combination of these duties.

Employees performing the above-described duties

remain eligible for exemption from the overtime provisions as professionals under section 13(a)(1)

of the Act and the jobs defined as computer professionals did not change under the 1996 amendment to the FSLA.

The exemption, however, does not apply to trainees, employees in entry level positioins learning to become proficient in the above-described areas, or employees in these computer related occupations who have not attained the level of skill and expertise which allows them to work independently and generally without supervision.

Likewise, employees engaged in the operation, manufacture, repair , or maintenance of computer hardware or related equipment are, also, not subject to the exemption.*

*The above information is taken from SCO Technical Updates(State of Texas-HR)-"TECHNICAL UPDATE 97-01", date 10/18/96