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          Jane Farber.

ASP Forum

Overtime Rules for Support Employees

"We think we're in compliance with the new rules that govern exempt and non-exempt employee pay, but all the guidelines we've found are very general and full of 'it depends' answers. Has anyone found a simple, clear statement (specifically about tech support employees) that we can show to top management?"

—Oscar from Oakland                           

This is a thorny issue that we are also working to get our hands around. As Oscar noted, the rules we have seen are extremely general and, as a result, not very helpful...

We have, however, determined that anyone earning under ~$23,600 per annum is immediately subject to overtime laws, even if they are exempt.

Those earning between ~$23,600 and ~$100,000 are in a "grey area" where job descriptions (more importantly, what is actually done on the job vs. the description itself) govern. In general the more independent thought, independent ability to apply a possible solutions, and less direct supervision lends itself to a position that is not subject to overtime laws. However, this area is grey enough that we are not yet 100% convinced that our technicians are exempt from the overtime issue (we are 90% sure).

Lastly, we have discovered various "seminars" that are playing this issue above and beyond what is really going on. These "seminars" end up being a sales pitch for you to acquire their services to resolve the issue,... usually on the employees side (i.e., unnecessary overtime pay). Please be aware that no all "seminars" are as forthcoming with true information as most of us would want.

I am sure these very rough guidelines are nothing new to what Oscar has already determined. I would, however, GREATLY appreciate seeing other thoughts on this issue...

—Dusty Huxford
    Financial Computer Support (FCSI)

[Can anyone else help? Send an email to membership director Jane Farber at, and we'll post your feedback.]