Topic: Overtime pay and comp time

I am an Automation Engineer, and spend most of my time programming automated equipment in conformance with the requirements of the customer. I have a college degree in electrical engineering. Am I exempt under the new rules?

Under the old rules and the new rules, someone with a title of automation engineer is going to be exempt from overtime protection. Without a union contact or other state protections, engineers are exempt under the "professional" exemption from overtime laws. This is the same exemption that is usually applied to doctors and lawyers. In this case, the questioner performs complex tasks requiring scientific knowledge that is typically only acquired through a specialized degree in engineering. The tasks are not rote, menial jobs but rely on the expertise of the employee to meet the specific needs of the customer. The questioner has an engineering degree. Yet, even in cases where all these criteria apply, engineers are not "exempt" under the old regulations if their ordinary pay comes by the hour. Engineers paid hourly are often entitled to overtime compensation (unless the computer programmer exemption applies). Under the new regulations, engineers who make more than $100,000 a year are also likely to lose overtime protection, but for that to happen the company must make a slight change in pay practices. See elsewhere on this page for a discussion of the "highly compensated" employees provision. The computer programmer exemption applies even if the programmer is paid by the hour, so long as it is at least $27.63 an hour, and so long as the programming required is done in consultation with customers or involves machine operating systems