The Department of Labor recently released new guidelines for computer workers. For most computer workers, the overtime guidelines did not really change that much. Here are the guidelines. A computer worker can be exempted from being paid for overtime under the following Scenarios:

  1.  Overtime Exemption: An individual is exempted from overtime if
    • they make at least $913 / week ($47,476 / year), or at least $27.63 / hour.
    • Of this, at least 90% of the salary level ($822 / week) must be paid on a “salary” or “fee” basis unless the employee is paid on an hourly basis and receives at least $27.63 / hour.
    • Up to 10% of the salary level ($91 / week) may be satisfied with nondiscretionary bonuses or incentive payments.
    • The employee’s “primary duty” must be that of an exempt computer employee, as described in the “Duties Tests”
  2. Duties Tests: To qualify for the computer employee exemption, the following duties requirements must be satisfied:
    • The employee must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field; and •
    • The employee’s 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
      • A combination of the aforementioned duties, the performance of which requires the same level of skills.
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