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Exemption for computer staff only covers highly skilled

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The Fair Labor Standards Act's overtime exemption for computer professionals is narrower than some employers assume, and high-tech employee groups are spreading the word.

To be exempt from overtime pay rules, the worker must earn at least $27.63 per hour. But that's not all.

The exemption is only for highly skilled computer professionals, such as systems analysts, programmers, software engineers or workers with similar titles. Troubleshooting at the help desk won't cut it.

To qualify for the exemption, the worker's primary duties must be:


  • Systems analysis.



  • Design, development, documentation, analysis, creation, testing or modification of computer systems or programs.



  • A combination of those functions.




Find more details under FLSA's Section 13(a)17 at www.elaws.dol.gov/ flsa or call the Labor Department's FLSA hotline at (202) 693-0067.

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