January 3, 2012
To: SPEEA Council Members
From: SPEEA Legislative and Public
Affairs Committee
Subject: PRE-SUBMITTED NEW BUSINESS: Opposition to the Computer Professionals
Update Act and Related Legislation
Background
The Computer
Professionals Update Act (CPU Act), S 1747, was introduced in the U.S. Senate
by Senator Kay Hagan (D-NC) in October.
The Fair Labor Standards Act (FLSA) currently exempts a specific field
of computer and IT workers who earn $27.63 or more an hour from receiving
guaranteed overtime compensation when working over 40 hours a week. The CPU Act would broaden that provision to
exempt almost all computer and IT related workers who
earn $27.63 or more an hour or are paid on a salary basis.
Those targeted by the CPU Act are loosely defined as “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” that focuses on computer and
IT functions that range from systems and applications to database analysis.
Additional
Information
The tech industry
supports this measure and argues it will allow them to hire more domestic
workers. The Department of Professional
Employees, AFL-CIO opposes this measure as it will cut the pay of U.S. workers
during difficult economic times.
Impact to SPEEA
SPEEA represents
nearly 10,000 technical aerospace workers currently protected by the FLSA
overtime provisions. If enacted, their
non-exempt status could be vulnerable.
SPEEA L&PA
Committee Recommendation
The
SPEEA Legislative and Public Affairs Committee recommends’ passage of this
motion.
MOTION
It is moved that: The
SPEEA Council oppose S 1747, the Computer Professionals Update Act, and related
legislation meant to further restrict overtime protections from technical worker
classifications. Furthermore, the
Council permits SPEEA staff to advocate against said measures.
Pro’s
Con’s