Security Standards White Papers

How the revised Fair Labor Standards Act (FLSA) impacts overtime for IT workers

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Overview On August 23, 2004 Congress passed revisions to the Fair Labor Standards Act of 1938 that changed the law's overtime provisions and substantially modified the definition of an "exempt" employee. The changes to the FLSA and their accompanying regulations, unfortunately, do not bring a great deal of clarity to the issue of what IT and support positions are exempt and non-exempt. The FLSA revisions give IT organizations a broad discretion as to how they classify their employees and provide specific tests to aide in that classification.

This HDI white paper will help support managers and IT organizations assess their current standing under the revised FLSA, examine their job descriptions and make an initial assessment of their staff's position regarding FLSA.

Title: Understanding and using the revised Fair Labor Standards Act of 1938
Published: June 6, 2005
Author: Robert S. Last
Published by HDI

Join this ongoing discussion and share your experiences working with the revised FLSA of 1938. Has your IT organization considered changes to the "exempt" status of IT support staff? Are you an "exempt" employee and do you think the classification is appropriate under the FLSA revisions?

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