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Do I Have to Pay OT to My IT Department? The Bounds of the FLSA's Computer Professional Exemption

Author: Tyler J. Volm, Barran Liebman LLP

With the increasing digitization of most businesses, many companies now maintain a robust information technology department. Certain computer professionals may qualify for a useful exemption from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). This article will explore the requirements of this exemption and examine where the US Department of Labor (DOL) and federal courts have come down regarding whether certain duties of information technology employees qualify for the exemption. This article is limited to the exemption under the FLSA, so, as with many employment issues, an employer should also review state law, which may have different wage and hour exemptions. Remember that when state law differs from federal law, an employer must comply with the standard that provides the most protection to the employee.