Senate Bill 1747. Computer Professionals Update Act

  • (2 Pages)
  • +
  • 1
  • 2

15 Replies - 2925 Views - Last Post: 07 December 2011 - 08:08 PM

#1 modi123_1  Icon User is offline

  • Suitor #2
  • member icon



Reputation: 9570
  • View blog
  • Posts: 36,240
  • Joined: 12-June 08

Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 01:17 PM

Is anyone concerned about this?

I think EA and Brendan McNamara are squealing with joy about now... same with about any company trying to do more with their oft-abused IT folk.

I know my previous job really hit on excessive overtime with little to no return compensation. They graciously made me aware of my willingness be a better team player with a pink slip. Cest la vie. My new job so far hasn't cracked down on any overtime in the year I've been here. That may change but so far everyone is substantially more chill.

The what:

Quote

Apparently unsatisfied by the enormous profits they’ve made while average Americans suffer in a difficult economy, corporations are pushing Congress to enact a new law that would exempt a large class of workers from receiving overtime pay. And they’re receiving support from members of both parties on Capitol Hill.

Dubbed the Computer Professionals Update Act (CPU Act), Senate bill 1747 would change the Fair Labor Standards Act (FLSA) to remove overtime protection and compensation from “almost everyone working primarily in information technology” who earns either a salary, or an hourly rate of $27.63
cite1

Who's great idea was this?

Quote

Introduced in the U.S. Senate last month by Kay Hagan (D-N.C.), the CPU Act has found a Democratic co-sponsor in Sen. Michael Bennet (Colo.), who is joined by two Republican co-sponsors, Sens. Mike Enzi (Wy.) and Johnny Isakson (Ga.)
cite1


The full text (changes in bold)

Quote

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).’.
cite1

For those who are curious about what the text of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(17):
Spoiler



http://e-lobbyist.co...its/text/355431
http://www.govtrack....?bill=s112-1747

Is This A Good Question/Topic? 1
  • +

Replies To: Senate Bill 1747. Computer Professionals Update Act

#2 xclite  Icon User is offline

  • LIKE A BOSS
  • member icon


Reputation: 916
  • View blog
  • Posts: 3,206
  • Joined: 12-May 09

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 01:21 PM

I saw this and shook my head.
Was This Post Helpful? 0
  • +
  • -

#3 JackOfAllTrades  Icon User is offline

  • Saucy!
  • member icon

Reputation: 6107
  • View blog
  • Posts: 23,659
  • Joined: 23-August 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 01:46 PM

Quote

or who is paid on a salary basis...


I was always under the impression salaried individuals were in fact exempt already. Hell, our team worked 36 hours straight once to complete something for a demo...all I got out of the deal was a 512MB USB drive from the VP of Marketing that was schwag from the conference at which the demo was presented. Woohoo!

Other than a contractor, I don't know of anyone in this business that gets paid on an hourly basis. Is this more common in the video game industry?
Was This Post Helpful? 0
  • +
  • -

#4 no2pencil  Icon User is online

  • Admiral Fancy Pants
  • member icon

Reputation: 5388
  • View blog
  • Posts: 27,384
  • Joined: 10-May 07

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 01:51 PM

View PostJackOfAllTrades, on 02 December 2011 - 03:46 PM, said:

Quote

or who is paid on a salary basis...


Other than a contractor, I don't know of anyone in this business that gets paid on an hourly basis.

My experience has been, if an employee's position/job duties require them to work 40+ hours, their job is salaried.
Was This Post Helpful? 0
  • +
  • -

#5 modi123_1  Icon User is offline

  • Suitor #2
  • member icon



Reputation: 9570
  • View blog
  • Posts: 36,240
  • Joined: 12-June 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 01:59 PM

Plus... team players put in the extra effort. You want to be a team player, right?
Was This Post Helpful? 1
  • +
  • -

#6 Kilorn  Icon User is offline

  • XNArchitect
  • member icon



Reputation: 1356
  • View blog
  • Posts: 3,528
  • Joined: 03-May 10

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 02:01 PM

So unless I am reading it wrong, anyone who visits this site on a regular basis, if working for salary, would NOT receive overtime pay for working more than 40 hours... That sounds like a really horrible bill in my opinion.
Was This Post Helpful? 0
  • +
  • -

#7 modi123_1  Icon User is offline

  • Suitor #2
  • member icon



Reputation: 9570
  • View blog
  • Posts: 36,240
  • Joined: 12-June 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 02 December 2011 - 02:24 PM

Zynga's another one I hear about being salaried and working atrocious hours, but people are still banging down their doors to get a job there!

http://www.glassdoor...ews-E243552.htm
Was This Post Helpful? 0
  • +
  • -

#8 CTphpnwb  Icon User is offline

  • D.I.C Lover
  • member icon

Reputation: 3099
  • View blog
  • Posts: 10,885
  • Joined: 08-August 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 03 December 2011 - 08:02 AM

View Postmodi123_1, on 02 December 2011 - 04:59 PM, said:

Plus... team players put in the extra effort. You want to be a team player, right?

Not unless I'm paid well. Business is about profit. When you hire some one you're asking them to go into business with you, so you should expect that they would want to make a profit.
Was This Post Helpful? 0
  • +
  • -

#9 modi123_1  Icon User is offline

  • Suitor #2
  • member icon



Reputation: 9570
  • View blog
  • Posts: 36,240
  • Joined: 12-June 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 03 December 2011 - 11:09 AM

Ah.. that was a little side joke about the nature of the companies trying to passive-aggressively make you do more for less pay. I could have gone with 'how many pieces of flare do you want to wear'.. but that's a bit of a dated referenced. ;)
Was This Post Helpful? 0
  • +
  • -

#10 CTphpnwb  Icon User is offline

  • D.I.C Lover
  • member icon

Reputation: 3099
  • View blog
  • Posts: 10,885
  • Joined: 08-August 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 03 December 2011 - 04:51 PM

I thought it might be, but I also think it's important to be explicit about some things. The nature of business has changed over the last thirty years to where too many people think that good things come from giving the company everything it wants. That's how we end up with pay disparities like we have now, as well as bills like this one.
Was This Post Helpful? 0
  • +
  • -

#11 creativecoding  Icon User is offline

  • Hash != Encryption
  • member icon


Reputation: 928
  • View blog
  • Posts: 3,212
  • Joined: 19-January 10

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 03 December 2011 - 05:30 PM

It seems like lately every action is done to benefit one group of people and not everyone as a whole.


Greedy pigs.
Was This Post Helpful? 0
  • +
  • -

#12 CTphpnwb  Icon User is offline

  • D.I.C Lover
  • member icon

Reputation: 3099
  • View blog
  • Posts: 10,885
  • Joined: 08-August 08

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 04 December 2011 - 06:33 AM

View Postcreativecoding, on 03 December 2011 - 08:30 PM, said:

It seems like lately every action is done to benefit one group of people and not everyone as a whole.

True, but the old saying goes: First they came...
Thirty to forty years ago when the textile mills were closing down in America, people thought that was just unskilled labor and not them, so they said nothing. Then they started moving manufacturing jobs and people thought that was unskilled labor, so they said nothing. Now they're coming after people with computer skills, but who's left to say anything? Management? Well, middle management is getting nervous, because they know that they're next, but they're either still hoping to make it to upper management, they're too scared, or they're not smart enough to be scared.

So we can't blame it all on top management. We all let them get away with it.
Was This Post Helpful? 0
  • +
  • -

#13 BenignDesign  Icon User is offline

  • holy shitin shishkebobs
  • member icon




Reputation: 6233
  • View blog
  • Posts: 10,782
  • Joined: 28-September 07

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 07 December 2011 - 10:17 AM

Overtime pay? WTF is overtime pay?

When I worked in the little coder sweatshop (ie, the job before my current job), I pulled up to 100 hours/week (typical week was closer to 80)! I worked in-office 8-10 hours each day. I came home to my home office and worked into the wee hours of the night. I worked all weekend - day and night. When I took "vacation," I worked up to 16 hours each day out of my home office... yet they still docked my vacation time bank stating they couldn't "prove" I did any work those days.

My children survived on chicken nuggets - because they could be microwaved and tossed on the table in less than 3 minutes. They didn't participate in extracurricular activities because mommy didn't have time to take them.

I was a salaried employee. In the years I worked for that company, not once did I see a penny in overtime, a single pay raise, or a performance bonus. When it came time for annual reviews, I was told that I was slacking too much and if my performance didn't improve, I'd be canned.

What kind of incredible bank was a making in this craptastic salaried position, you ask? A whopping $25K/year (no benefits).

This post has been edited by BenignDesign: 07 December 2011 - 10:17 AM

Was This Post Helpful? 1
  • +
  • -

#14 AlbuquerqueApache  Icon User is offline

  • D.I.C Addict

Reputation: 49
  • View blog
  • Posts: 523
  • Joined: 21-February 10

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 07 December 2011 - 01:35 PM

I really wonder what the heck is the motivation behind this? Why are they trying to limit overtime pay for IT workers?

I would just like to know why IT is being targeted.
Was This Post Helpful? 0
  • +
  • -

#15 CodeGrappler  Icon User is offline

  • D.I.C Head
  • member icon

Reputation: 41
  • View blog
  • Posts: 120
  • Joined: 29-November 10

Re: Senate Bill 1747. Computer Professionals Update Act

Posted 07 December 2011 - 03:58 PM

Personally I work for an employer that pays it's salary employees (like me) overtime. Should be the individual employers choice whether they want to pay you overtime or not for salary based employees anyway.


I don't really have an opinion on hourly employees getting paid over time or not. I'm on the fence about that one.

Final opinion: Overtime pay should not be guaranteed one way or the other and should be payable at the discretion of the employer.
Was This Post Helpful? 0
  • +
  • -

  • (2 Pages)
  • +
  • 1
  • 2