Overtime exemption for Computer Professionals

posted by Neil Klingshirn  |  Jul 9, 2009 3:24 PM [EST]  |  applies to Ohio

Computer professionals may be exempt from overtime and minimum wage as professional employees, so long as they are paid $455 a week or more on a salaried basis and meet the other requirements of the professional exemption, such as extensive education.

Computer professionals paid on an hourly basis may also be exempt if they earn at least $27.63 an hour. In either case, computer professionals must primarily perform exempt duties, which include:

1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
2. 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;
3. The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
4. A combination of the aforementioned duties, the performance of which requires the same level of skills.
   

External Links

• 29 USC Section 213.
• 29 CFR 541.400.

posted by Neil Klingshirn  |  Jul 9, 2009 3:24 PM [EST]  |  applies to Ohio