Computer Employee Exemption

Employees should only be denied overtime if they are a salaried employee making more than $455 per week and they meet the following tests of the computer employee exemption:

  • The employee deals with the application of systems analysis techniques, including consulting with users, to determine hardware, software or system function specifications

  • The employee works with the design, documentation, testing, creation, development or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications

  • OR
  • A combination of the above duties, the performance of which requires the same level of skills

Under overtime law, the computer employee exemption does not include workers who manufacture or repair computer hardware. In addition, workers whose job depends upon the use of computers, but are not engaged in computer systems analysis or programming do not fall under the computer employee exemption.