Computer Workers

Computer workers may be excluded from overtime pay if they are labeled executives, administrators or professionals and meet the established criteria. True exemptions for computer employees are typically limited to “programmers” and “systems analysts.”

Computer employees as exempt executives

Computer employees may be exempt executives if they are:

  1. paid on a salary basis
  2. their duties are exempt executive duties. See Executives
  3. they supervise a particular type of employee (programmers) and “do” high level programming work.

Computer employees as exempt administrators

Computer employees may be exempt as administrators if they are:

  • paid on a salary basis
  • perform work directly related to management policies or general business operations
  • exercise discretion and independent judgment on important matters
  • computer jobs not likely to satisfy the duties tests for the administrative exemption:
    1. Tape librarians
    2. keypunch operators
    3. computer operators
    4. junior programmers
    5. programmer trainees
  • computer duties not likely to satisfy the duties tests for the administrative exemption:
    1. Preparing flow charts or diagrams showing the order in which a computer must perform operations
    2. preparing operator instructions
    3. running computers
    4. debugging programs

Computer employees as exempt professionals

Computer employees whose duties qualify them for the professional exemption may be exempt.

To qualify for the exemption the computer employees must either be

      1. paid on a salary basis OR
      2. paid hourly at a rate not less than $27.63 per hour
  • The computer professional exemption is restricted to (real) “systems analysts” and “programmers.”
  • Does not apply to employees working
    1. in the operation of computers or
    2. in the manufacture, repair or maintenance of computer hardware and related equipment.

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