I'm trying to see if anyone has information in regards to the exempt and non-exempt status for web development positions. I have been in the industry for over 15 years have a great amount of experience with all aspects of development.
I recently worked at a company that was pretty confident that the developers were all exempt, meaning no overtime. However, as our primary role, we performed basic maintenance of websites using software like Dreamweaver, Photoshop, Textmate, Notepad, Fireworks and tested in standard Internet browsers. Over 80% of the work performed by developers, regardless of what experience we actually had,was writing HTML and CSS markup.
From my perspective, HTML and CSS in this industry are by no means a form of programming, never have been. We do write backend supportive code but quite honestly, the percentage of time dedicated to those efforts is very minimal.
The reason I address this is because the company consistently expected us to put in 50-60 hour weeks doing just this kind of work with no overtime because we were "exempt". I am aware of the DOJ Computer Employee exemption and have scrutinized it every way I could and still can't find how the work I am describing above makes our positions "exempt" base on the primary role/duty. Any input is appreciated.
I recently worked at a company that was pretty confident that the developers were all exempt, meaning no overtime. However, as our primary role, we performed basic maintenance of websites using software like Dreamweaver, Photoshop, Textmate, Notepad, Fireworks and tested in standard Internet browsers. Over 80% of the work performed by developers, regardless of what experience we actually had,was writing HTML and CSS markup.
From my perspective, HTML and CSS in this industry are by no means a form of programming, never have been. We do write backend supportive code but quite honestly, the percentage of time dedicated to those efforts is very minimal.
The reason I address this is because the company consistently expected us to put in 50-60 hour weeks doing just this kind of work with no overtime because we were "exempt". I am aware of the DOJ Computer Employee exemption and have scrutinized it every way I could and still can't find how the work I am describing above makes our positions "exempt" base on the primary role/duty. Any input is appreciated.
