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Law Firm Fighting For White Collar (IT) Overtime 573

Maximum Prophet writes "Programmers and System Administrators typically don't get overtime. A law firm based in Nevada is looking to stand up for white-collar workers around the country, trying to reverse decades-old (and incorrect) thinking about what it means to work in an office. 'Computer workers of various stripes, for example, have commonly not been paid for their extra hours ... But under California law, the exemption applies only for workers whose primary function involves "the exercise of discretion and independent judgment." In numerous lawsuits, Thierman and other plaintiffs' attorneys have alleged that legions of systems engineers, help desk staff, and customer service personnel do no such thing. Of programmers, Thierman says, "Yes, they get to pick whatever code they want to write, but they don't tell you what the program does ... All they do is implement someone else's desires.'"
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Law Firm Fighting For White Collar (IT) Overtime

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  • by Anonymous Coward on Tuesday September 25, 2007 @09:40AM (#20742291)
    Have you tried setting the building on fire?
  • by Anonymous Coward on Tuesday September 25, 2007 @11:12AM (#20743747)
    I will ponder this deeply as I ride around in my corvette with people whom I have given boob jobs.
  • by Anonymous Coward on Tuesday September 25, 2007 @11:32AM (#20744041)
    Bart: "Work is for chumps."

    Homer: "Son, I'm proud of you. I was twice your age before I figured that out."
  • by Daimanta ( 1140543 ) on Tuesday September 25, 2007 @12:12PM (#20744643) Journal
    I hope they never introduce a "no Apocalyse" act.
  • by ArhcAngel ( 247594 ) on Tuesday September 25, 2007 @12:23PM (#20744781)
    I worked for a medical device manufacturer in the 90's and they had a small NOC of about 4 people (2 sysadmins and 2 techs). As fate would have it the 2 sysadmins both found alternate employment about the same time so they offered one of the techs a "promotion" to sysadmin. During the meeting to discuss the promotion the tech was given the terms of his role as the new sysadmin. He looked it over, started laughing and handed the proposal back to them. When they asked why he was laughing he replied "I make more than that now!". Techs were Salaried Non-Exempt and eligible for overtime whereas sysadmins were straight salary.
  • by corifornia2 ( 1158503 ) on Tuesday September 25, 2007 @02:05PM (#20746329)

    she's free to do what makes her happy

    Bang the pool boy for 50+ hours a week?
  • by Boogaroo ( 604901 ) on Tuesday September 25, 2007 @03:33PM (#20747429) Homepage
    If I'm required to sit at work, and not allowed to go home, it's still using my time. It's not my fault if things are maintained and running properly, oh wait... :)
  • by The Spoonman ( 634311 ) on Tuesday September 25, 2007 @04:24PM (#20748083) Homepage
    If you don't like the hours, don't get into the business.

    Close, but not exactly right. The credo goes: "show me an IT guy consistently working more than 40-42 hours a week and I'll show you an incompetent boob that needs to be flipping burgers." IT is a field whose simple purpose is to increase the efficiencies of our organizations. If we're so inefficient at our jobs that it takes us more than 40 hours to regularly do it, then we're doing it wrong. Now, that's not to say you don't chip in and do what needs to be done when things need fixing, but that's true in any job. But, if you're working 70 hours/week in IT, you're a twit who has no idea what he's doing and need to be fired. Period. As a PART of my job, I maintain a set of (Windows) servers that process approximately $25 trillion/year worth of payroll transactions for over a million individuals...and I RARELY work more than 40 hours/week.

    However, that being said, there's nothing wrong with companies not paying their employees overtime. If they want someone to work 70 hours/week for a 40/hour a week salary...well, that's their perogative, but employees need the abilty to not work there. Your basic premise is that if you work in IT, you work overtime, right? Do you negotiate salaries based on that? For example, one potential employer I interviewed with while unemployed asked if I had a problem with working 70/hours a week and I told him no, if he's willing to pay for it (as soon as he asked that question, I decided I didn't want to work there. I know where it leads). He said they didn't pay overtime and I told him flat out..."the salary we've discussed is for a 40 hour work week. If you want me to work almost twice that, you're going to have to pay me almost twice that. I don't give up my time for free." He quickly concluded the interview and I never heard from him again. I did, however, notice the ad in the paper week after week. So, to be a prick, I'd write him every week "I noticed you hadn't filled the position yet. If you can't find someone to fill the position at the salary you want to pay, I'd like to discuss further the possibility of my employment at a proper salary level."

  • by skarphace ( 812333 ) on Tuesday September 25, 2007 @06:20PM (#20749485) Homepage

    I agree, after 9 years in IT, a few car accidents and *a lot* of poor personal behavior and I do have the standard "I sit all day" ailments.
    May not fix car accident problems but I've found it nice to stand when I feel like it. With a few books under the monitor, a cardboard box under your keyboard, and a couple of upside-down in-bins under your mouse pad, you can have a standing desk. It's pretty nice once you get used to standing all day. Only time it sucks is when you're hungover from a long Monday night drinking session.

    I do believe they make standing desks nowadays if you want a more permanent solution.

The shortest distance between two points is under construction. -- Noelie Alito