This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Reader. Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. LEXIS 144146, *43 (N.D. If you are an employee working in a computer-related occupation such as computer programming, systems analysis or software engineering, you may have been told you are not entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). Is the worker employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field? | Website Design & Development by High Level Thinkers. In Cruz v. Lawson Software Inc., 764 F.Supp. 6849 Old Dominion Dr #220 Moreover, the employers description of the tasks, performance and decisions made by an IT support specialist did not demonstrate that their primary duty includes the exercise of discretion and independent judgment with respect to matters of significance to management or general business operations of the employer, the DOL emphasized. Importantly, the Computer Professional exemption is not inapplicable simply because an employee is given some direction with regards to how the analysis or evaluation of a computer system is to be performed, so long as the employee is still required to apply some of his or her own analysis and judgment in resolving problems. In Renfro v. Indiana Michigan Power Company, 497 F.3d 573, 577 (6th Cir. higher hourly wages due to minimum wage laws, more than 40 hours in a single workweek, and/or, See, for example, Labor Code 512. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. 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 employees 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. Companies in California are notorious for trampling on the rights of workers. An official website of the United States government. Although there was a procedural manual to guide them, the manual was not a set of strict requirements governing the contents of the procedures developed. Please confirm that you want to proceed with deleting bookmark. Acknowledging that there were no canned answers to the problems presented, [plaintiff] had to be creative, analyze the issue, determine what tests needed to be run, and recommend a solution. Department of Labors changes to overtime rules. The FLSA is enforced by the U.S. Department of Labor (DOL). 2004). The courts narrowly construe the computer professional exemption.
PDF Fair Labor Standards Act Guide - Oregon.gov However, employees can exercise discretion and independent judgment even if their decisions or recommendations are reviewed at a higher level.
Fact Sheet #17A: Exemption for Executive, Administrative, Professional @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} LEXIS 52867 (S.D. Significantly, plaintiff testified that he does not perform duties such as manually installing hardware and cables for networks, installing hardware on workstations, configuring desktops, manually checking cables, or manually going to a customer site and replacing hardware. Id. Chicca v. St. Lukes Episcopal Health Sys. OF-271; 8/23/04; Page 6 . The Computer Professional Exemption 541.201(b). F3d 979 (7th Cir. 8 CCR 11040(11)(B) Administrative exemption regulations. Bohn v. Park City Group, Inc. (10th Cir. Cal., Oct. 4, 2013); see also Patel v.Nike Retail Services, 2016 U.S. Dist. Employees performing jobs such as computer programming, software engineering, or systems analysis may be exempt even if they do not qualify for the professional exemption. See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, and outside sales employees, and for more information on the salary basis requirement. The general requirements for satisfying the professional duties test are set out in the U.S. Department of Labor's regulations at 29 CFR 541.300. The design, documentation, testing, creation or modification of computer programs related to machine operating systems[. 1988) that a project manager whose main job was to oversee the implementation of and conversion to employers billing software at all offices of her employers customers was covered under the administrative exemption. A Closer Look At FLSAs Computer Professional Exemption, Greenberg Traurigs Global Immigration & Compliance Practice Continues Employer-Focused Webinar Series in May, No Longer a Slap on the Wrist: OSHA Continues to Raise Its Maximum Penalty Amounts, Federal OSHA Emphasizes Heat-Related Illnesses and Injuries in the Workplace. the application of systems analysis techniques and procedures, the design, development, testing, or modification of computer systems or programs, and. Traveler reimbursement is based on the location of the work activities and not the accommodations,
PDF Understanding the Computer professional job duties test at *17. However, there are certain exemptions from both the minimum wage and overtime requirements of the FLSA. .manual-search ul.usa-list li {max-width:100%;} If paid a salary, employees are computer professionals if they make at least $112,065.20 a year (or $9,338.78 a month).2.
FLSA Exempt Test: Everything You Need to Know - UpCounsel As with any FLSA exemption, it is the employers responsibility to prove, by clear and convincing evidence, that an employee they have classified as exempt does in fact fall within one of the enumerated exemptions of the FLSA. 2006). Jacksonville State University has positions that could qualify in one of the following exemption categories: EXECUTIVE, PROFESSIONAL, COMPUTER, or ADMINISTRATIVE. Allen Smith, J.D., is SHRMs manager of workplace law content. Lets look again at the tests to qualify for the FLSA computer exemption. As a result, the court concluded, they largely solved clients problems without substantive guidance from the Lawson project managers and satisfied the test for exemption. (He will continue to make above the new threshold that takes effect December 1, 2016, of $913 per week).
Exempt vs. Nonexempt: Navigating the FLSA Duties Test - Namely p.usa-alert__text {margin-bottom:0!important;} The computer professional employee exemption under the Fair Labor Standards Act (FLSA) does not apply to a health care employer's information technology (IT) support specialists, who. That change is presently enjoined by a federal court order.
IT support specialists are not exempt, DOL states - SHRM In Allen v. Enabling Technologies Corp., 2016 U.S. Dist. The sections use nearly identical wording, and the revision was not intended to change the law. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The DOLs exempt duties typically include these roles: make this mistake. lodging is obtained. The revised regulations modernized the standard to determine whether executive, administrative, professional, outside sales and computer employees are exempt from the overtime requirements of the FLSA. performing a combination of the above-listed duties. What happens if an employer misclassifies a worker? 541.400(a). Examples of exempt computer professionals may include. Specifically, the court found that [p]laintiffs have submitted evidence showing that their primary duties were equivalent to those of help-desk employees, exempt [sic] from the FLSA's overtime provisions, while Defendant has submitted evidence showing that Plaintiffs performed high-level work as contemplated by the computer professional exemptions. Id. In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered. You may check boxes in more than one exemption category. This requirement can apply where the employees primary duty involves acting as an adviser or consultant to the employers customers. up.
Are All Computer Employees Exempt From Overtime Under The FLSA Computer professionals are exempted from certain rights under California's labor laws. 200(a) set out the general requirements to be met for an employee to qualify as an exempt administrative employee as follows: 1. LEXIS 91139, *28-32 (N.D. Cal. We did not analyze the applicability of those exemptions, as they seem unlikely to apply here. ol{list-style-type: decimal;} Note that an employee must pass both part 1 and part 2 of the job duties test for the employee to be labeled a computer professional.
How Are I.T. Positions Considered Exempt Employment? The analysis always starts with the DOL regulations defining and explaining the general requirements for application of the exemption. Summary judgment was also granted in Grills v. Hewlett-Packard Co., 88 F. Supp. H-97-0322 (S.D. LEXIS 106005 (D. The employees primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. The Sixth Circuit held that the technical writers were exempt as administrative employees. California law says that workers not included in the overtime exemption can get paid time and a half when they work: In addition to unpaid wages, workers in a wage/hour lawsuit may receive compensation for any missed meal and rest breaks. This can have a significant impact on their legal rights. To qualify for the computer employee exemption, all of the following tests must be met: $684 per week on a salary or fee basis (except for $455 in Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands and $380 for Samoa) or. Looking for U.S. government information and services? 2007), the plaintiffs were technical writers who developed procedures for maintaining their employers nuclear power plant equipment. Please note: Our firm only handles criminal and DUI cases, and only in California.
Computer Professional Exemption - The Law in California Territories and Possessions are set by the Department of Defense. 5 percentMonitor automated alerts generated by system management tools and make decisions on the most effective resolution. Other exempt laborers include: Sometimes an employer may misclassify a worker as a computer professional. Search the database of GSA forms, standard (SF) and optional (OF) government forms. even though part(s) of such activities may be located outside the defined per diem locality.
Exempt Employees: 2023 Minimum Salary Requirements Does Cory fall under the FLSA computer exemption or does he have non-exempt status? Other times, this misclassification may be done on purpose. Give specific and detailed answers to the questions asked. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
Information on planned federal contracting opportunities. Don't assume any employee who works with computers is exempt from FLSA coverage. 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. var temp_style = document.createElement('style');
However, some states already require a higher salary threshold. For an employee to qualify for the computer employee exemption, each of the following job tests must be met: The employee must be compensated either on a salary or fee basis at a rate not less than $455 per week, or $27.63 per hour. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Employees must take the FLSA Exempt Test in order to qualify for exemption under FLSA. 4. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Employees must also meet the duties test to be considered as exempt. 2010) (holding that the plaintiff exercised discretion free from immediate direction or supervision and with respect to matters of significance, making them exempt administrative employees under the FLSA and the applicable DOL regulations). 29 USC 213(a)(17); 29 CFR 541.400-402. at *36-37. An unidentified employer in the health care industry sought the DOLs opinion when the employer created the new position of IT support specialist, formerly classified as help-desk specialist. The plaintiff, Ortega, holds multiple certificates in network administration and computer development; held the title of IT Manager and/or Network Administrator/Engineer II for a global corporation that employs more than 5,000 people around the world; and had duties consisting of analyzing, troubleshooting, and testing Bel Fuse's systems networks; and developing a back-up test database, creating a back-up software system and system upgrades. Id. A boat captain is exempt in workweeks when at least 80 percent of his performed duties are those of a seaman as defined in the Fair Labor Standards Act seaman exemption (FLSA 2006-44). if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
.usa-footer .grid-container {padding-left: 30px!important;} Instructors at a career school providing technical instruction and professional development to students pursuing careers as automotive, diesel, collision repair, motorcycle and marine technicians qualify for the teacher exemption (FLSA 2006-41). For employers in most non-agricultural industries, the relevant exemptions are found in Section 13(a)(1) of the FLSA, codified at 29 U.S.C.A. We can help! Former 541.207(b). Federico v. Overland Contr., Inc., 2013 U.S. Dist. Primary duty: 29 C.F.R. For an employer to determine if a worker is exempt from Minimum Wage Act Requirements, the employer must make sure the worker meets each element of the job duties test. Such technology is already a part of many workplaces and will continue to shape the labor market. ; and (2) what is the level or nature of the work performed? The Fair Labor Standards Act (FLSA) is the federal statute that also puts computer professionals in an exempt status. 541.200(a). 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; or. [CDATA[/* >