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New Guidelines Regarding the Fair Labor Standards Act (FLSA)
effective August 23, 2004
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COMPUTER EMPLOYEE EXEMPTION
To qualify for the computer employee exemption, the following tests must be
met:
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The employee must be compensated either on a
salary or fee basis at a rate not
less than $455 per week or, if compensated on an hourly basis, at a rate not
less than $27.63 an hour;
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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;
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The employee’s primary duty must consist of:
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The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
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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;
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The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
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A combination of the aforementioned duties, the performance of which requires
the same level of skills.
TERMS DEFINED:
Salary Basis- 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. The predetermined amount cannot be reduced because of
variations in the quality or quantity of the employee’s work. Subject to
exceptions listed below, an except employee must receive the full salary for any
week in which the employee performs any work, regardless o the number of days or
hours worked
Primary Duty- “Primary duty” means the principal, main, major or most important
duty that the employee performs. Determination of an employee’s primary duty
must be based on all the facts in a particular case, with the major emphasis on
the character of the employee’s job as a whole.
Other Considerations
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The computer employee exemption does not include employees engaged in the
manufacture or repair of computer hardware and related equipment.
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Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs
(e.g., engineers, drafters and others skilled in computer-aided design software), but who are not primarily engaged in
computer systems analysis and programming or other similarly skilled computer-related exempt under the computer employee
exemption occupations identified in the primary duties test described above, are also not exempt under
the computer employee exemption.
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