In addition to meeting the salary requirements discussed above, you must also meet all of the following tests to be considered exempt:
The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below:
The employee’s primary duty must consist of:
- The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
- The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
- The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
- A combination of the aforementioned duties, the performance of which requires the same level of skills.
29 C.F.R. § 541.400
The exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters and others skilled in computer-aided design software), but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations, are also not exempt computer professionals. 29 C.F.R. § 541.401
The materials found on this website are intended to inform the public, but they are not a substitute for an attorney’s advice about your specific situation. To learn how you are personally affected by the minimum wage and overtime rules, please fill out the online questionnaire by clicking here questionnaire or call: (713) 223-8855.
If you think you may be misclassified as exempt, or want to determine whether you are exempt or non-exempt, please contact the Tran Law Firm by filling out our online questionnaire or by calling 713-223-8855.