Overtime for IT Workers to be Removed?

A bill has been proposed in Congress that would remove overtime for virtually all information technology employees. The bill, the Computer Professional Update (CPU) Act has been pushed by corporations and would expand the breadth of the description of exempt employees for computer-related job functions. According to Opposing Views, the bill seeks to amend Section 13(a)17 of the Fair Labor Standards Act (FLSA), which covers exemption for employees in computer-related occupations.

The bill has bipartisan support, being introduced by Senators Kay Hagan (D-NC), Johnny Isakson (R-GA), Mike Enzi (R-WY), and Michael Bennet (D-CO). It has been sent to the Senate Committee on Health, Education, Labor and Pensions. Paul Almeida, president of the AFL-CIO Department for Professional Employees (DPE) stated that the law change would cover “almost everyone working primarily in information technology” who earns either a salary, or an hourly rate of $27.63.

According to DC Employment Law Update, workers exempt from overtime compensation would be:

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).

Labor laws, especially when they are constantly changed, can be very confusing for both employers and employees. Because of this, many employees are improperly compensated for their hard work. If you believe that your employer bay be violating federal or state employment laws, including overtime compensation, you may be entitled to financial compensation. Contact a dedicated overtime attorney to see if you are entitled to receive back wages for unpaid overtime, misclassification, or underpayment.