48 hour work week
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After reading yesterdays main WTF, I thought people might be interested in this legal WTF.
The 40 hours per week law in the United States does not cover computer professionals.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17e_computer.htm
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You have to make $27.63/hour, which (without doing the math) is definitely much much more than $23k/year (as was in the WTF)
(assuming 2080 hours / year, that's about $57,470)
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It isn't just computer professionals that are affected.
What you pulled is the detail on this profession, but many other high salary jobs also are exempt from overtime pay and the 40 hour work week.
There are many types of exempt employees, your just linked to an example of one of them.
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I believe the short short version is that you are exempt from overtime if:
- You are salary, and
- You have a college degree, or
- You have a couple people under you in the org. chart.
I think the amount of your salary makes some play in there somewhere.
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[quote user="Rick"]
After reading yesterdays main WTF, I thought people might be interested in this legal WTF.
The 40 hours per week law in the United States does not cover computer professionals.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17e_computer.htm
[/quote]
Most salaried professionals are "exempt" from OT rules. You get paid so much per year to perform a job, no matter how long that job takes. Welcome to the real world.
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The exempt from OT rule is the same for all "professional" jobs here in Alberta as well. Our labor laws seriously need some revising though, as the laws were originally written to help the employees. Now they help the employer more. Too many times I've been in the situation where I was about to walk out on a job because they would abuse this law. Yes, it is true that you don't need to pay OT, but if you are going to force us to work, then you better give us something extra in return (OT, time off, etc). It's a good thing for an employer to do if they want to keep good people.
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[quote user="skippy"]
The exempt from OT rule is the same for all "professional" jobs here in Alberta as well. Our labor laws seriously need some revising though, as the laws were originally written to help the employees. Now they help the employer more. Too many times I've been in the situation where I was about to walk out on a job because they would abuse this law. Yes, it is true that you don't need to pay OT, but if you are going to force us to work, then you better give us something extra in return (OT, time off, etc). It's a good thing for an employer to do if they want to keep good people.
[/quote]
Yeah, in BC, "High Technology Professionals" are exempt from overtime. The only limit is the employee's health.
If you get all your work done ahead of schedule, then you have to sit at your desk and read TDWTF. You can stay late, but you can't go home early.
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So a computer professional who makes at least $27.63/hr is not entitled to the federal minimum wage of $5.15/hr but a $200/hr oil industry CEO is? What is this country coming to?
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[quote user="unklegwar"][quote user="Rick"]
After reading yesterdays main WTF, I thought people might be interested in this legal WTF.
The 40 hours per week law in the United States does not cover computer professionals.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17e_computer.htm
[/quote]
Most salaried professionals are "exempt" from OT rules. You get paid so much per year to perform a job, no matter how long that job takes. Welcome to the real world.
[/quote]
Simply untrue. The federal overtime law sees no 'salaried professional' distinction. Managers are exempt.
The law is not heavily enforced. And people making a decent salary are not likely to complain.
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[quote user="steamer25"]So a computer professional who makes at least $27.63/hr is not entitled to the federal minimum wage of $5.15/hr but a $200/hr oil industry CEO is? What is this country coming to?[/quote]
No, the CEO is exempt also. He can accept a salary of $1 a year if he wants (though not many do).
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[quote user="newfweiler"]
[quote user="steamer25"]So a computer professional who makes at least $27.63/hr is not entitled to the federal minimum wage of $5.15/hr but a $200/hr oil industry CEO is? What is this country coming to?[/quote]
No, the CEO is exempt also. He can accept a salary of $1 a year if he wants (though not many do).[/quote]
<font size="+1">W</font>hat a joke: $1 per year is BS. Don't forget to add in a huge bonus and a shitload of stock options.
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[quote user="triso"][quote user="newfweiler"]
[quote user="steamer25"]So a computer professional who makes at least $27.63/hr is not entitled to the federal minimum wage of $5.15/hr but a $200/hr oil industry CEO is? What is this country coming to?[/quote]
No, the CEO is exempt also. He can accept a salary of $1 a year if he wants (though not many do).[/quote]
<font size="+1">W</font>hat a joke: $1 per year is BS. Don't forget to add in a huge bonus and a shitload of stock options.
[/quote] Come to think of it, isn't that what Google's execs are paid? $1 per year? (Tax dodge anyone?)
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[quote user="triso"]
<font size="+1">W</font>hat a joke: $1 per year is BS. Don't forget to add in a huge bonus and a shitload of stock options.
[/quote]
But those options and bonuses aren't part of their salary, they're part of the benefits package. It's a tax dodge.
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[quote user="Rick"][quote user="unklegwar"][quote user="Rick"]
After reading yesterdays main WTF, I thought people might be interested in this legal WTF.
The 40 hours per week law in the United States does not cover computer professionals.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17e_computer.htm
[/quote]
Most salaried professionals are "exempt" from OT rules. You get paid so much per year to perform a job, no matter how long that job takes. Welcome to the real world.
[/quote]
Simply untrue. The federal overtime law sees no 'salaried professional' distinction. Managers are exempt.
The law is not heavily enforced. And people making a decent salary are not likely to complain.
[/quote]
Okay, so technically according to the link, it's "Learned Professional" getting a salary of at least $455 a week. Managers (come under "Adminstrators"), executives, and outside sales all are exempt, within the guidelines that they get paid a certain amount already. Of course, that's in addition to computer types.
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[quote user="newfweiler"]
[quote user="steamer25"]So a computer professional who makes at least $27.63/hr is not entitled to the federal minimum wage of $5.15/hr but a $200/hr oil industry CEO is? What is this country coming to?[/quote]
No, the CEO is exempt also. He can accept a salary of $1 a year if he wants (though not many do).
[/quote]
That was a joke. Why would anyone care whether or not the federal government protects their right to $5.15/hr if they're already making at least $27.63/hr?
