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Computer Professional - State of New York

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  • Computer Professional - State of New York

    I understand that New York does not have a state specific law on this topic as does California. My question is two-fold. I was informed at a local seminar that Programmers do not fall under this category, mostly reserved for Software Engineers. What is your understanding of this? If this is the case, shouldn't the programmers be hourly, if they do not fall into an Exempt classification and meet the Exempt criteria?

    Thank you.

  • #2
    I do not necessarily agree with what you heard at the seminar. It is the job duties, not the job title, that determines whether an employee is exempt or not. It is not impossible for a programmer's duties to qualify him/her as exempt, depending on how the company organization is set up.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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