Congress Considers New Overtime Laws for Computer Professionals

In response to concerns about the demand for high-tech computer workers shifting overseas, a newly proposed overtime law  would make fewer computer employees eligible to receive overtime pay.

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Do You Have to Pay People Who Work the Computer Help Desk Overtime Pay?

Since there is an overtime exemption for computer employees, computer help desk staff (a/k/a technical support or IT support) must be exempt from the overtime pay requirements, right?

Wrong. Tech support employees are not the right kind of computer employees that fit under that exemption. Remember: under the Fair Labor Standards Act, all employees earn overtime pay unless they qualify for a specific exemption. Overtime wages, even for technology workers, is the default.
 

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Portrait of an Exempt Computer Employee

How can an employer tell which computer employees are exempt from the overtime pay requirements? What does an exempt computer employee look like? They are a rare bird—but occasionally, computer employees may fit into one of the regulation’s exemptions.

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Big Costs For Misclassifying Technical Support Workers

$27.5 million settlement with Siebel Systems. $65 million settlement with IBM. $24 million settlement with Computer Sciences Corporation. Allegations in a recently certified class action against Wells Fargo with up to 3,000 possible class members. These are significant numbers. They come out of settlements and claims against major companies for misclassification of technical support workers.

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