Overview: 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
Updated to reflect the 2019 annual inflation adjustment to the minimum salaries for overtime-exempt executive, administrative and professional employees, effective January 1, 2019.
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HR guidance on complying with the federal and state requirements for the computer employee exemption.