Overtime Exemptions for Computer Professionals

Pleasanton employment lawyers help you navigate the law

Under Fair Labor Standards Act guidelines, computer professionals are exempt from overtime pay. However, the term “computer professional” is somewhat vague. Who qualifies as a computer professional? Anyone who works with computers? In fact, only a small portion of computer professionals are exempt from overtime pay.

Whether you are an employer who needs general employment law counsel or an employee concerned about your rights to overtime under the FLSA, attorneys at Garcia & Gurney A Law Corporation have the skill, experience and knowledge to assist you.

White-collar exemptions

Under the Fair Labor Standards Act, many employees who work more than 40 hours a week are entitled to overtime pay. However, certain white-collar workers are exempt from overtime pay. Generally, to be exempt from overtime pay, a worker must be paid on a salary basis at a minimum of $455 per week. White-collar exemptions do not apply to manual laborers, police officers, firefighters, paramedics and similar public safety workers.

Listed below are exemption tests for white-collar workers:

• Computer professionals: The computer employee exemption is not for individuals who repair or manufacture computer hardware. The FLSA provides exemptions for both overtime and minimum wage for computer systems analysts, computer programmers, software engineers and other similarly skilled computer employees who meet certain tests regarding their job duties and who are paid at least $455 per week on a salary basis or not less than $27.63 per hour on an hourly basis.
• Administrative personnel: To qualify for administrative exemption, an employee’s primary duty must be performance of non-manual office work that pertains to management policies or the operation of the business. Additionally, the worker must earn a salary of at least $23,660 annually or $455 a week. The employee’s primary duty must include the exercise of independent judgment in regards to important matters.
• Executives: To qualify under the executive exemption, executives must have the authority to hire and fire employees or make recommendations in regards to hiring and firing employees. Also the executive employee must command the work of two or more employees, and his or her primary duty must be managing an enterprise or subdivision of the company. Executive workers must earn a salary of at least $23,660 annually or $455 a week.
• Professional employees: To be exempt, an employee classified as a professional must have a primary duty requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction — or must have invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

Helping California residents with complex employment issues

The experienced lawyers at Garcia & Gurney A Law Corporation understand the intricacies of each employment provision under the FLSA. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.