Federal Computer Professional Exemption, Hi Tech, Employment Law

Federal Computer Professional Exemption

Under the Federal Fair Labor Standards Act, (FLSA) the highly skilled "computer professional" may be exempt from overtime if they perform specific job duties and meet certain pay requirements. This exemption applies to any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is:

A. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

B. The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

C. The design, documentation, testing, creation, or modification of computer programs related to machine operating systems; OR

D. A combination of duties described in subparagraphs (A), (B), and (C), the performance of which requires the same level of skills.

These individuals must also consistently exercise discretion and independent judgment in the performance of their work, which must be intellectual and varied in character.

Exempt computer employees must be paid at least $455 per week on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

Similar to California, the Federal Computer Employee exemption does NOT apply to:

A. Trainees and employees learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering;

B. Employees in a computer-related occupation who have not attained the level of skill and expertise necessary to work independently and without close supervision;

C. Employees engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment; or

D. Employees whose work is highly dependent upon or facilitated by the use of computer software programs and who are skilled in computer-aided design software, including CAD/CAM, but who are not in a computer systems analysis or programming occupation.

Related Information and Employment Issues for Computer & Hi-Tech Professionals

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