DoL Says IT Support Specialist not Exempt Position

January 17, 2007 ( - The Department of Labor (DoL) has issued advisory opinion letter FLSA 2006-42, in which it decided that the position of IT Support Specialist as described by the requestor of the letter does not qualify as overtime exempt under the Fair Labor Standards Act (FLSA).

In its opinion letter the DoL pointed out duties of positions that qualify for exempt status “involve, with respect to matters of significance, the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered.”

The DoL concluded, since the duties described by the requestor of the opinion did not demonstrate that an IT Support Specialist’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance to management or general business operations of the employer, the position did not qualify for administrative exemption under the FLSA.

In addition, the DoL said the position did not qualify for a computer employee exemption, since the IT Support Specialist’s primary duties did not involve “application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications.”

The requestor was from a company adding an IT Support Specialist position and was trying to determine compensation for the position. The requestor listed the duties of the position as:

  • 55% – Analyze, troubleshoot and resolve complex problems with business applications, networking and hardware. Accurately document all work in appropriate problem-tracking software. Prioritize tasks based on service-level agreement criteria with limited supervision.
  • 20% – Install, configure and test upgraded and new business computers and applications based on user-defined requirements. Assist users in identifying hardware/software needs and provide advice regarding current options, policies and procedures. Create and troubleshoot network accounts and other business application user accounts as documented in the employee life cycle process.
  • 10% – Participate in the design, testing and deployment of client configurations throughout the organization. Leverage application packaging software technology for the deployment of business applications to client systems.
  • 5% – Participate in the analysis and selection of new technology required for expanding computing needs throughout the organization. Work with competing vendors to determine the best selection based on price, technical functionality, durability, manufacturer support, manufacturer vision and position in the health care industry.
  • 5% – —Document technical processes and troubleshooting guidelines. Document end-user frequently asked questions about computer systems or programs and publish on the intranet as guidelines for the entire organization.
  • 5% – Monitor automated alerts generated by system management tools and make decisions on the most effective resolution.