What are the Standards Required to Deny Overtime to Computer Specialists?<\/strong><\/p>\n

In this day and age of a computer driven society a <\/span>substantial <\/span>amount of <\/span> technical expertise <\/span>is required to handle these complex systems which weave hardware and software together in order to maintain computer systems. <\/span><\/p>\n

Those employees working on the front lines whose primary duty is to respond to breakdowns that occur in the systems must diagnose, troubleshoot and resolve complex problems. The fact that this work can require extensive training is not the key criteria for classifying such an employee as “exempt” from the payment of overtime. According to California Labor Law Attorneys the key interpretation is set forth under federal law under the Fair Labor Standards Act (FLSA). In opinion letter <\/span>(FLSA 2006-42, dated October 26, 2006)<\/span><\/a> <\/span>published by the Department of Labor (DOL) this issue is discussed with regards to the job of an IT Support Specialist.<\/p>\n

Two possible exemptions are discussed, the administrative exemption and the computer employee exemptions.<\/p>\n

In looking at this analysis it is important to keep in mind that both the federal labor laws and state of California Labor Laws require employers to pay nonexempt employees a minimum wage for all hours worked and an overtime premium equal to at least one and one half times the employee’s regular rate of pay for all hours worked in excess of forty hours in one week.<\/p>\n

ADMINISTRATIVE EXEMPTION<\/strong><\/p>\n

The “white collar” exemptions provide overtime pay exemptions for any individual employed in a bona fide executive, administrative or professional capacity as those terms are defined in <\/span>29 C.F.R. Part 541<\/span><\/a>. In order for this exemption to apply not only must the employee devote a majority of his or her time to analyzing, troubleshooting, and resolving complex problems with business applications, networking, and hardware but the employee must be compensated at the rate of at least $455 per week and has, as his or her primary duty, the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers. Additionally, the employee’s primary duty must include the exercise of discretion and independent judgment with regard to matters of significance.<\/p>\n

In meeting all these requirements most employees are not found to “exercise discretion and independent judgment with regards to matters of significance” because that term requires the making of decisions that have significant impact on the running of the company that the employee works for. As this term is applied it relates in most instances to upper management who set the course of operations and the overall direction of the company.<\/p>\n

The fact that the work is complex or highly specialized along technical lines or that the employer will suffer significant consequences or losses if the employee does not perform the job properly does not automatically mean the work is significant to the management or general business operation of an employer. If the employee meets some but not all of these requirements this exemption will not apply and the employee must be paid overtime unless a different exemption applies.<\/p>\n

COMPUTER EMPLOYEE EXEMPTION<\/strong><\/p>\n

There is an alternative exemption Under <\/span>Sections 13(a)(1) and13(a)(17) of the <\/span>FLSA<\/span><\/a>, in which a computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties are eligible for exemption from both minimum wage and overtime pay as professionals. In order to qualify for this exemption, the employee must be paid on either a salary or fee basis of not less than $1,615 per week or, if paid on an hourly basis, not less than $40.38 per hour.<\/p>\n

Furthermore, this exemption will only apply to employees whose primary duties 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 these duties. <\/span>Examples of employees who qualify for these duties include computer systems analysts, computer programmers, software engineers, and other similarly skilled workers.<\/p>\n

It should be noted that job title alone does not determine the employee’s exempt status.<\/p>\n

SUMMARY<\/strong><\/p>\n

The rules relating to the various criteria that the employer must meet in order to classify an employee as exempt from receiving overtime. It is important to seek the advice of a San Diego<\/a><\/span><\/span> Labor Law Attorney<\/a><\/span>. In many instances initial advice may be given without charge. If there is any doubt the chances are that the position is not exempt from overtime.
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