The FLSA provides an exemption from both the Federal minimum wage and overtime for computer systems analysts, computer programmers, software engineers and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and their pay.
To qualify for the exemption for computer employees, the following tests must be met:
- Compensation must be not less that $455 per week or $27.63 an hour;
- Must be employed as a computer systems analyst, computer programmer, software engineer and other similarly skilled worker in the computer field;
- Primary duty* must consist of one of the following four categories:
1. Application of systems analysis techniques and procedures;
2. Design, development, documentation, analysis, creation, testing or modification if computer systems or programs;
3. Design, documentation, testing, creation, or modification of computer programs related to operating systems;
4. Combination of any of these duties.
*Primary duty is defined as the principal, main, or most important duty that the employee performs and is determined based on all the facts of a particular case with the major emphasis on the character of the employee’s job as a whole.