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Fair Labor Standards Act: Court Ruling Makes Me Wonder...When/Do IT Folks Get Paid For Overtime?

Here's something interesting along the compliance front...especially considering the very long hours I used to work for my employer years ago, and how long I know so many other IT folks work long hours trying to resolve problems. It also brings in a law I'm not very familiar with, the Fair Labor Standards Act (FLSA), but motivates me to learn more. Those of you in IT fields will be interested in this...

On August 28, 2007, the U.S. District Court for the Western District of Missouri ruled (subscription required) that a software engineer working for a health care information firm was not entitled to overtime pay under the Fair Labor Standards Act (FLSA), even though her after-hours work was specifically for identifying and resolving software errors and problems.

The court found that the engineer was an exempt computer professional under the FLSA because her employer expected her to solve software problems using her own analysis and judgment. The court said that whether the engineer wrote or modified computer "source code" in performing her duties was immaterial to the FLSA exemption.

Isn't that interesting?

Hmm...

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Posted by Rebecca Herold on September 11, 2007 11:44 PM |

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Rebecca Herold's Bio:

Rebecca Herold,CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for over 18 years. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the 25 top privacy experts and on their list of the 9 best privacy consulting firms. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 11th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.