Are the workers in your company’s IT department exempt from overtime? The question is more complicated than you might think.
It’s commonly believed that all IT professionals can be classified as exempt. But in fact, the FLSA’s computer employee exemption is very narrow, covering only employees who earn more than $27.63 per hour or $455 per week and:
- apply “systems analysis techniques and procedures,” such as consulting with users to determine hardware or software needs
- design, develop, create, test or modify computer programs based on user design specifications
- design, develop, create, test or modify programs related to operating systems, or
- perform a combination of those duties that requires the same level of skill.
By that rule, employees who repair hardware and help desk professionals whose only job is fixing problems, for example, may not be exempt.
However, if your company’s IT staff doesn’t meet those requirements, they could still be exempt based on the FLSA’s administrative, executive or professional exemptions.
For more details on the computer employee exemption, read the DOL’s fact sheet here.