Overtime Laws

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Exemption for Employees in Computer-Related Occupations

Employees who fall within this narrow exception are exempt from both the minimum wage and overtime pay requirements under the FLSA. In order to satisfy this exemption, several requirements must all be met:

First, the employee is paid on a salary or fee basis at a rate not less than $913.00 per week (or $455 per week before December 1, 2016) or—if paid on an hourly basis—not less than $27.63 an hour.

Second, the employee is a skilled worker in the computer, such as a computer systems analyst, computer programmer, or software engineer. The employee’s primary duties must include one of the following:

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

(2) 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;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills.

Primary duty means the employee’s main, principal, or most important duty performed. This determination is made when viewing the totality of circumstances—examining the employee’s job as a whole. This exemption does not include employees who manufacture or repair computer equipment or hardware.

If all requirements are satisfied, the employee is considered “exempt” from the minimum wage and overtime laws under the FLSA.

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