[lbo-talk] Advice

[alanjacobson]

Professional and technicial personnel are typically exempt from the FSLA
(they are considered an element of management, which was probably more true
in 1938 or whenever [the definition was last revised in 1949], than now.)

 From the DOL website http://www.dol.gov/elaws/esa/flsa/screen75.asp:

Computer professionals: Section 13(a)(17) of the FLSA provides that certain
computer professionals paid at least $27.63 per hour are exempt from the
overtime provisions of the FLSA.

 From the recent FSLA revision submission,
http://www.dol.gov/esa/regs/fedreg/proposed/2003033101.htm:

   Accordingly, under the current regulations, an exempt computer

employee must have a primary duty of performing work requiring
theoretical and practical application of highly-specialized knowledge
in computer systems analysis, programming, or software engineering. In
addition, an exempt computer employee must be engaged in performing
these activities as a computer systems analyst, computer programmer,
software engineer, or other similarly-skilled worker in the computer
software field. Finally, under the current regulations, an exempt
computer employee must consistently exercise discretion and judgment,
and be paid not less than $250 per week on a salary basis or not less
than $27.63 an hour if paid an hourly rate.