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How to Determine if an Employee Qualifies for the Computer Employee Exemption

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.

Note: The US Department of Labor (DOL) has proposed regulations that would, if implemented, raise the minimum salary for exempt computer employees to an estimated $970 per week, or $50,440 per year, starting in 2016. This minimum salary level would then be adjusted annually. See Employee Classification > Future Developments.