Computer Professionals Update Act in the US Senate to exempt IT Pros from Overtime Pay

While the sponsors of this bill probably think it funny that they were able to introduce a bill called the CPU Act, or Computer Professionals Update Act, some in IT are getting a bit steamed about the bill that has made its way to committee. The bill was introduced in the Senate by Sen. Kay Hagan [D-NC] and is now in the hands of the Senate Health, Education, Labor, and Pensions committee. It is co-sponsored by Michael Bennet [D-CO], Scott Brown [R-MA], Michael Enzi [R-WY], John Isakson [R-GA].

In summary, the bill amends the Fair Labor Standards Act of 1938 to include most IT Professionals (earning over $27.63/hour or salaried) as being exempt from earning overtime wages. You can find the full text of the bill copied below and on GovTrack.US. You can also check that site for a current status of the bill.

S 1747 IS
112th CONGRESS
1st Session
S. 1747
To amend the Fair Labor Standards Act of 1938 to modify provisions relating to the exemption for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers.
IN THE SENATE OF THE UNITED STATES
October 20, 2011
Mrs. HAGAN (for herself, Mr. ISAKSON, Mr. ENZI, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Fair Labor Standards Act of 1938 to modify provisions relating to the exemption for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Computer Professionals Update Act’ or the ‘CPU Act’.
SEC. 2. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.
Section 13(a)(17) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(17)) is amended to read as follows:
‘(17) 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;
who is compensated at an hourly rate of not less than $27.63 an hour or who is paid on a salary basis at a salary level as set forth by the Department of Labor in part 541 of title 29, Code of Federal Regulations. An employee described in this paragraph shall be considered an employee in a professional capacity pursuant to paragraph (1).’.