In other news regarding
overtime exemptions and tech workers, the U.S. Department of Labor (DOL) has issued
an opinion letter explaining its position that “information technology support
specialists” don’t qualify for exemption under the Fair Labor Standards Act.1
Paying Overtime: 10 Key Exemption Concepts
Only one thing really matters in the determination as to whether or not an employee is exempt: The duties the employee performs. Learn how to avoid costly, preventable mistakes with our free White Paper, Paying Overtime: 10 Key Exemption Concepts.
The primary duties of
this job, as described by the employer requesting the opinion, entailed
installing, configuring, testing, and troubleshooting computer applications,
networks, and hardware. The DOL said that maintaining a computer system and
testing by various systematic routines to ensure that computer equipment or a
computer application is working properly, according to specifications designed
by others, lacks the requisite discretion and independent judgment required for
the administrative exemption from overtime. Further, the job did not qualify
for the computer professional exemption because it didn’t involve the specific
types of duties required for that exemption as outlined in federal regulations.
_
1
FLSA2006-42