Computer Professionals

Can anyone explain to me the pay requirement to satisfy the computer-professional exemption? The part I struggle with is regarding the Hourly vs. Salaried rate.

If computer-related positions which qualify under the Duties Test are paid salaried (clearly over $250/week), but broken down to hourly rate of pay earn less than $27.63/hour, does this mean they do not qualify? I guess it's a question of which prong must be satisfied first.

Comments

  • 1 Comment sorted by Votes Date Added
  • Here is an exerpt from our Special Report on the FLSA:

    The main difference between the overtime requirements applied to computer professionals and those applied to other professionals is that a computer
    professional may either be paid:
    (1) on a salary basis, making at least $170 per week like other professionals,
    or
    (2) on an hourly instead of a salaried basis if the employee makes at least
    $27.63 an hour. Although the regulations do not specifically address
    this issue, we interpret this to mean that any employer who wants to
    take advantage of this exemption would have to pay the employee
    regular time for any hours worked in excess of 40 per week.

    If you are a Law Letter subscriber, you can access this report on this site for no charge. The report gives an in-depth analysis of this question.

    I hope this is helpful!

    Anne Williams

Sign In or Register to comment.