Overtime for programmers: a review of the legal authority

Abstract

Overtime For Programmers There is no doubt that a significant number of those employed as programmers may be non-exempt employees with respect to F.L.S.A. requirements for overtime compensation. Wage and Hour Division Regulations and Interpretive Bulletins seem to limit exemption from these requirements to the programmer who works in a bona fide executive or administrative position. Recent litigation establishes the likelihood that a large group of programmers may come under this exemption and that some programmers may be exempt as professional persons, even though Wage and Hour Division interpretations suggest otherwise.