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Update in works for FLSA computer professional exemption

by on
in Human Resources,Overtime Labor Laws

A bipartisan group of U.S. senators wants to update the definition for computer professionals under the Fair Labor Standards Act (FLSA). Computer professionals who earn more than $27.63 per hour are currently exempt from the FLSA. But the bill’s sponsors claim the state of computer technology has rendered outdated old definitions of the information technology profession.

Sens. Kay Hagan (D-N.C.), Johnny Isakson (R-Ga.), Mike Enzi (R-Wyo.) and Michael Bennet (D-Colo.) have introduced the Computer Professionals Update Act (with the clever acronym CPU).

Currently, the FLSA narrowly defines computer professionals’ duties in terms of hardware and software configuration, plus related analysis and documentation. That largely neglects work related to the Internet.

Under the CPU Act, computer professionals would be broadly defined as “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).”

Under the CPU, the computer professionals exemption would specifically apply to IT analysts, programmers, engineers, designers, developers and administrators who are paid at least $27.63 per hour.

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