How to Determine if an Employee Qualifies for the Computer Employee Exemption
Page Contents
- Step 1: Consider Whether the Employee Manufactures or Repairs Computers
- Step 2: Determine if the Employee's Use of Computers Is Simply the Means to Another End
- Step 3: Ask if the Employee Performs Duties Similar to Help Desk Personnel or Information Technology Support Specialists
- Step 4: See if the Employee Fulfills One of the Duties Requirements of the Computer Employee Exemption
- Step 5: Confirm That Computer Work Is the Employee's Primary Duty
- Step 6: Be Sure That the Employee Is Paid Properly
- Step 7: Consult an Attorney or DOL if the Employee Does Not Clearly Satisfy All the Requirements
- Step 8: Document the Classification
- Additional Resources
Authors: Michael Cardman, XpertHR Legal Editor, and Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP
The computer employee exemption is among the most difficult Fair Labor Standards Act (FLSA) exemptions to apply. Computer jobs evolve at a rapid pace, and the duties of today's computer employees may not always line up well with the regulations governing the computer employee exemption. Follow these steps to determine whether an employee qualifies for the computer employee exemption.
Register for Free
Already an XpertHR user?
Log in