Computer Professionals
Christinet
22 Posts
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.
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
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