Computer Employee Exemption

Editor's Note: Certain computer programmers, analysts and software engineers can be exempt from overtime requirements.

Michael CardmanOverview: Employees who work with computers may qualify for an exemption from the overtime requirements of the Fair Labor Standards Act (FLSA) as well as some state wage and hour laws

However, this exemption is available only for employees whose duties involve systems analysis, programming or computer systems design. It should not be applied to "help desk" staff, to workers manufacture or repair hardware, or to employees like engineers or drafters who simply depend on computers to do their work.

Trends: Determining whether an employee qualifies for the computer employee exemption can prove especially difficult because technology evolves at a faster pace than regulations and case law.

Author: Michael Cardman, Legal Editor

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