Computer Professional Employee

Glossary

An employee classification under the Fair Labor Standards Act (FLSA) (and some state and local equivalents) that is exempt from minimum wage and overtime pay requirements (29 C.F.R. § 541.400).

To qualify for the computer professional exemption under the FLSA, each employee must satisfy the following:

The employee must be compensated:
- on a salary or fee basis at a rate at least equal to the standard salary level of $455 a week ($684 a week effective January 1, 2020) (special salary levels apply to US territories); or
- on an hourly basis at a rate of at least $27.63 an hour.
The employee must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field.
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 these duties, the performance of which requires the same level of skills.

For more information on the exemption requirements for computer professionals under the FLSA, see FLSA White Collar Exemptions Checklist: Computer Professional Exemption.

State or local law may provide for the same or a similar exemption or may prohibit the exemption of computer professional employees. For more information on state wage and hour laws, see Wage and Hour Claims Toolkit: State-Specific Materials and Wage and Hour Laws: State Q&A Tool.

Computer Professional Employee | Practical Law