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Computer Professionals Update Act seeks to remove overtime pay for IT workers

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11–20 of 44 posts

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#11
post #9

The definitions of exempt vs. non exempt in the FLSA have always seemed somewhat arbitrary to me. How about we just let employers offer what ever terms they want and employees decide to accept or reject them? As a bonus we can downsize government by getting rid of the FLSA enforcement bureaucracy .

Sure, and let's let employers remove all other protections as well as the minimum wage and "employees decide to accept or reject them"!

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#12
post #9

The definitions of exempt vs. non exempt in the FLSA have always seemed somewhat arbitrary to me. How about we just let employers offer what ever terms they want and employees decide to accept or reject them? As a bonus we can downsize government by getting rid of the FLSA enforcement bureaucracy .

It's as if you're saying "I don't understand what this part does, therefore it can't be that important."

Eliminating minimum wage or overtime pay would definitely have a material effect on the economy. Nobody disputes that. If you want to get rid of labor laws, you should either argue that that effect is desirable, or argue that while the effect is undesirable, freedom to contract is more important.

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#13
post #9

The definitions of exempt vs. non exempt in the FLSA have always seemed somewhat arbitrary to me. How about we just let employers offer what ever terms they want and employees decide to accept or reject them? As a bonus we can downsize government by getting rid of the FLSA enforcement bureaucracy .

The reason behind labor standards is to cut off the the distribution curve at a lower limit. If you leave market forces at work, you'll get people working at near slavery conditions because they lack other economic choices (or they think hey do, which is the same thing). Remember that some people used to choose slavery before it was outlawed. The lawmaker sets minimum standards so people don't get exploited because they come from a weak negotiating position.

Specifically speaking to this law, i don't think it matters as much because IT professionals don't have a weak bargaining position.

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#14
I didn't even know that IT workers qualified for overtime right now as it is. I certainly never have and I haven't known any sysadmins or developers that got paid overtime. Maybe the law they pass should be the opposite of this one and force all IT workers to get paid hourly and qualify for overtime, then maybe I'd have to do fewer late night deployments!

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#16
I am not familiar with US law but if the name of this act ("Fair Labor Standards Act") is anything to go by then it sounds similar to what we have in South Africa, i.e.:

- this only covers basic conditions of employment; you're still free to negotiate things that the act doesn't guarantee you

- if you earn more than a certain amount or are in a management position, you don't get certain protections because such legislation would interfere with your freedom to enter contracts on your own terms

It seems pretty fair to me. It's really directed at protecting people who earn minimum or low wages and don't have much other choice. Somebody managing a startup for $1/month -- that's their right to take that risk, and obviously the pay-off is when things hit it big. Somebody who earns more than a certain amount/month doesn't need basic income protection and presumably has freedom to move to a new job to negotiate terms like overtime. (I did at my previous job; I'm currently an independent contractor because I prefer even more flexibility.)

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#18

California has a separate state law dealing with IT worker overtime. Does anybody know if this federal bill would supersede state law?

I would be interested to know this too. In 2007 Infosys had settled with the CA Division of Labor Standards Enforcement (DLSE) towards possible overtime payment for $26 million.

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#19

I don't get it. Why would you want to remove the opportunity for overtime from any professional? Obviously the employer has a (potentially huge) finanial incentive. But what's the government's view here?

A very general difference is being paid for your labor vs your thoughts.

People paid for their labor are paid by the hour and get overtime. People paid for their thoughts usually get paid per year, and don't get overtime.

I guess the general idea is that you are always thinking, so how would it be possible to decide when you are or are not on the clock?

(Obviously this is a generalization with lots of exceptions, it's just so you have at least an idea of the reasoning (since you asked).)

Re: Computer Professionals Update Act seeks to remove overtime pay for IT workers

#20

I don't get it. Why would you want to remove the opportunity for overtime from any professional? Obviously the employer has a (potentially huge) finanial incentive. But what's the government's view here?

I am also puzzled by this, but I live in the UK so I'm not familiar with US law or employment practices.

I can see why government would legislate to protect minimum or baseline employment rights, but why remove the possibility of earning overtime from a particular group of people? Is this law just about ensuring equivalent practices across all states, or was it simply bought by employers to reduce their costs?

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