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That is insanity: http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.htm http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_compute... The compute
by krschultz 12y ago
That is insanity: http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.htm http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_compute...
The computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters and others skilled in computer-aided design software), but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations identified in the primary duties test described above, are also not exempt under the computer employee exemption.
I worked at a major defense contractor as a mechanical engineer, and they worked really hard to make sure all of the engineers were classified as exempt. We filled out a questionnaire every year that was definitely crafted to proved that we were high level employees and therefore exempt. Yet they still paid OT anyway to avoid future liability, if you worked >45 hours a week, we got time and a half for every hour above 40. Considering most people worked ~50 hours a week, everyone collected OT every pay cycle. I actually funneled the OT off into a separate bank account for spending on vacation, it was that consistent.
Meanwhile OT for software engineers is seemingly non-existent for effectively the same job. I'd love to find out who got that loophole passed.
- walterbell 12y ago> OT for software engineers is seemingly non-existent for effectively the same job. I'd love to find out who got that loophole passed. Recruiter lobby: http://andreas.com/faq-overtime.html http://andreas.com/faq-overtime.html "The recruiters accepted our exemptions because they were going after bigger fish: the engineers. The computer engineers who work as W-2 contractors are generally earning $100-300/hr and often work 60-80 hours per week. The recruiters were afraid that if such workers were entitled to overtime pay, the companies may cut overtime work, and therefore the recruiters would lose their 30-50% share of that money (this can be much as $6,000 per week to a recruiter for a single worker.) Engineers have always refused to organize or even to be aware of their interests: they think recruiters are their friends. One engineer said to me: "Engineers think they're so smart that no one could do such a thing to them. Wow. They got really screwed." The law is an annual loss of as much as $50-75,000 dollars per each engineer. Yep, it's legal. The recuiters wrote a law to take away their money. Silicon Valley engineers were plundered by their "friends"."