FLSA amendment - CPU Act

What are your thoughts on the proposed amendment to the FLSA to modify provisions relating to the exemption for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers? Does it have any legs?


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  • Congrats on your first post! I haven't seen anything come through yet on the amendment - I'll have to do some research!
  • The Computer Professional Update Act (CPU Act) was recently introduced in the Senate and would amend the current overtime exemption for computer professionals. Proponents feels that the current exemption test fails to take into consideration the major technological changes that have occurred in the computer field in recent years. For example, the proposed changes would include IT jobs in the exemption and those directing the work of IT employees.

    Critics argue that expansion of the exemption would mean that many IT professionals who currently earn overtime would lose that overtime. The test would be expanded to exempt from overtime "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) as an analyst, programmer, engineer, designer, developer, administrator, or other similarly skilled worker, whose primary duty is:

    (A) the application of systems, network or database analysis techniques and procedures, including consulting with users, to determine or modify hardware, software, network, database, or system functional specifications;

    (B) the design, development, documentation, analysis, creation, testing, securing, configuration, integration, debugging, modification of computer or information technology, or enabling continuity of systems and applications;

    (C) directing the work of individuals performing duties described in subparagraph (A) or (B), including training such individuals or leading teams performing such duties; or

    (D) a combination of duties described in subparagraphs (A), (B), and (C), the performance of which requires the same level of skill...

    At a time when the DOL and IRS are cracking down on employers for violating the FLSA, this would make it easier for employers to comply with the FLSA by broadening the exemption. Certain IT employees, on the other hand, would lose their current overtime rights.
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