Many IT Support Specialists Are Entitled to Overtime in California
A question often arises in the tech field whether an IT support specialist can be classified as exempt from overtime. Below is a typical IT Support Specialist job description and an explanation of why this position would likely be non-exempt, and the employee in that position would generally be entitled to overtime:
Typical Real-Life Example of a Job Description for IT Support Specialist
IT Support Specialist is responsible for the diagnosis of computer-related problems as requested by employees and contractors of the company. The IT Support person further conducts problem solving, analysis, troubleshooting, and resolving complex problems either in person or by using remote control software. He ensures timely closeout of trouble tickets. The amount of time spent on each type of duties is approximately as follows: 55% of the time analyzing, troubleshooting and resolving complex problems with business applications, networking and hardware, and documenting all work in appropriate problem tracking software; 20% of the time installation, upgrades and assisting users in identifying hardware/software needs and providing advice regarding current options, policies and procedures; 10% of the time participating in the design, testing, and deployment of client configurations throughout the company; 5% of the time participating in the analysis and selection of new technology required for expanding the company's computer needs; 5% of the time documenting technical processes and troubleshooting guidelines, and documenting end-user frequently asked questions about computer systems; 5% of the time monitoring automated alerts generated by systems management tools and making decisions on the most effective resolution. The position requires a high school diploma or GED, although associate degree is preferred.
Whether this type of IT Support Specialist is entitled to overtime compensation will depend on whether one of the two applicable recognized by law exemptions applies to that type of position: (a) administrative exemption; or (b) computer employee exemption.
Administrative Exemption
Under the law, the term administrative exempt employee or "employee employed in a bone fide administrative capacity" means "any employee" who is (1) compensated on a salary or fee basis of no less than twice the minimum wage; AND (2) whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; AND (3) whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
The "exercise of discretion and independent judgment" implies that the employee has the authority to make an independent choice, free from immediate direction or supervision. The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources. 29 CFR section 541.202(e). An employee does not exercise discretion and independent judgment with respect to matters of significance merely because the employer will experience financial losses if the employee fails to perform the job properly. Sec. 541.202(f). The fact that work may be unusually complex or highly specialized along technical lines, or that significant consequences or losses may result from improper performance of an employee's duties, do not automatically quality the work as being significant in management or general business operations of an employer. In fact, a job may even be viewed by an employer as "indispensable" and still not meet the requirement that it's primary duty must be "directly related to the management or general business operations. Clark v J.M. Benson Co. (1986). Thus, although the upkeep of a computer system may be viewed as essential to an employer's business operations, the nature of the individual employee's particular work, and no the possible results or consequences of its performance, is the focus of the analysis for determining exempt/non-exempt status of that employee. Therefore, to qualify as an exempt administrative employee, the work performed must itself relate to significant matters in the management or general business operations of the employer.
Here, the primary duty of a the IT Support specialist as described is installing, configuring, testing and troubleshooting computer applications, networks and hardware. This requires working according to the specifications designed by others and lacks the requisite discretion and independent judgement to qualify for administrative exemption. This kind of work further does not involve the comparison and the evaluation of possible courses of conduct, or formulating management policies or operating practices, negotiating and binding the company on significant matters, planning business objectives, or other indicators of exercising discretion and independent judgment with respect to matters of significance discussed in 29 C.F.R. sec 541.202(b). Therefore, the above describe IT Support position would not qualify as exempt from overtime under administrative exemption. A number of courts held that an employee responsible for troubleshooting, installing, correcting, testing and upgrading hardware and software does not exercise "discretion and independent judgment" in performing those duties. Burke v County of Monroe (2002); Turner v Human Genome Scis., Inc. (2003).
Computer Employee Exemption
To qualify for the computer employee exemption, the employee must be compensated at a certain changing minimum rate, set by law; AND whose primary duty consists of the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; the design, development, documentation, analysis, creating, testing or modification of computer systems or programs; the design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of the above duties. Typically, employee who fall into this exemption are computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field. The exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Installing, configuring, testing and troubleshooting computer applications, networks and hardware (the primary duties of the above-referenced IT Support Specialist) does not involve the application of systems analysis techniques and procedures, including consulting with users, to determine hardware , software or system functional specifications. 29 C.F.R. 541.400(b)(1). Nor is the primary duty of this type of IT Support person is the design, documentation, testing, creation or modification of computer programs related to machine operating systems. 29 C.F.R. 541.400(b)(3). Therefore, this type of IT Support position will likely not qualify for the computer employee exemption either.
Typical Real-Life Example of a Job Description for IT Support Specialist
IT Support Specialist is responsible for the diagnosis of computer-related problems as requested by employees and contractors of the company. The IT Support person further conducts problem solving, analysis, troubleshooting, and resolving complex problems either in person or by using remote control software. He ensures timely closeout of trouble tickets. The amount of time spent on each type of duties is approximately as follows: 55% of the time analyzing, troubleshooting and resolving complex problems with business applications, networking and hardware, and documenting all work in appropriate problem tracking software; 20% of the time installation, upgrades and assisting users in identifying hardware/software needs and providing advice regarding current options, policies and procedures; 10% of the time participating in the design, testing, and deployment of client configurations throughout the company; 5% of the time participating in the analysis and selection of new technology required for expanding the company's computer needs; 5% of the time documenting technical processes and troubleshooting guidelines, and documenting end-user frequently asked questions about computer systems; 5% of the time monitoring automated alerts generated by systems management tools and making decisions on the most effective resolution. The position requires a high school diploma or GED, although associate degree is preferred.
Whether this type of IT Support Specialist is entitled to overtime compensation will depend on whether one of the two applicable recognized by law exemptions applies to that type of position: (a) administrative exemption; or (b) computer employee exemption.
Administrative Exemption
Under the law, the term administrative exempt employee or "employee employed in a bone fide administrative capacity" means "any employee" who is (1) compensated on a salary or fee basis of no less than twice the minimum wage; AND (2) whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; AND (3) whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
The "exercise of discretion and independent judgment" implies that the employee has the authority to make an independent choice, free from immediate direction or supervision. The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources. 29 CFR section 541.202(e). An employee does not exercise discretion and independent judgment with respect to matters of significance merely because the employer will experience financial losses if the employee fails to perform the job properly. Sec. 541.202(f). The fact that work may be unusually complex or highly specialized along technical lines, or that significant consequences or losses may result from improper performance of an employee's duties, do not automatically quality the work as being significant in management or general business operations of an employer. In fact, a job may even be viewed by an employer as "indispensable" and still not meet the requirement that it's primary duty must be "directly related to the management or general business operations. Clark v J.M. Benson Co. (1986). Thus, although the upkeep of a computer system may be viewed as essential to an employer's business operations, the nature of the individual employee's particular work, and no the possible results or consequences of its performance, is the focus of the analysis for determining exempt/non-exempt status of that employee. Therefore, to qualify as an exempt administrative employee, the work performed must itself relate to significant matters in the management or general business operations of the employer.
Here, the primary duty of a the IT Support specialist as described is installing, configuring, testing and troubleshooting computer applications, networks and hardware. This requires working according to the specifications designed by others and lacks the requisite discretion and independent judgement to qualify for administrative exemption. This kind of work further does not involve the comparison and the evaluation of possible courses of conduct, or formulating management policies or operating practices, negotiating and binding the company on significant matters, planning business objectives, or other indicators of exercising discretion and independent judgment with respect to matters of significance discussed in 29 C.F.R. sec 541.202(b). Therefore, the above describe IT Support position would not qualify as exempt from overtime under administrative exemption. A number of courts held that an employee responsible for troubleshooting, installing, correcting, testing and upgrading hardware and software does not exercise "discretion and independent judgment" in performing those duties. Burke v County of Monroe (2002); Turner v Human Genome Scis., Inc. (2003).
Computer Employee Exemption
To qualify for the computer employee exemption, the employee must be compensated at a certain changing minimum rate, set by law; AND whose primary duty consists of the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; the design, development, documentation, analysis, creating, testing or modification of computer systems or programs; the design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of the above duties. Typically, employee who fall into this exemption are computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field. The exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Installing, configuring, testing and troubleshooting computer applications, networks and hardware (the primary duties of the above-referenced IT Support Specialist) does not involve the application of systems analysis techniques and procedures, including consulting with users, to determine hardware , software or system functional specifications. 29 C.F.R. 541.400(b)(1). Nor is the primary duty of this type of IT Support person is the design, documentation, testing, creation or modification of computer programs related to machine operating systems. 29 C.F.R. 541.400(b)(3). Therefore, this type of IT Support position will likely not qualify for the computer employee exemption either.