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COMPUTER PROGRAMMER/TECH EXEMPTION
An employee qualifies for the computer programmer exemption if the employee meets all of the following requirements:
The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment, and the employee is primarily engaged in duties that consist of one or more of the following:
- 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 documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.
The employer must pay the programmer a required rate. In 2008, the legislature adjusted this rate to thirty-six dollars ($36.00) per hour, or the annualized full-time salary equivalent of that ($74,880).
The exemption does not apply to an employee if any of the following apply: - The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
- The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision.
- The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment.
- The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.
- The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-Roms.
- For more information on the computer exemption, visit our Tech page.
- If you think you are an improperly classified employee, please contact us.
Tech or Computer Programmer Overtime
THE COMPUTER PROGRAMMER EXEMPTION
- 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 documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.
The employer must pay the programmer a required rate. In 2008, the legislature adjusted this rate to thirty-six dollars ($36.00) per hour, or the annualized full-time salary equivalent of that ($74,880).
The exemption does not apply to an employee if any of the following apply:
- The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
- The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision.
- The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment.
- The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.
- The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-Roms.
- For more information on the computer exemption, visit our Tech page.
- If you think you are an improperly classified employee, please contact us.
Tech or Computer Programmer Overtime
THE COMPUTER PROGRAMMER EXEMPTION
An employee qualifies for the computer programmer exemption if the employee meets all of the following requirements:
The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment, and the employee is primarily engaged in duties that consist of one or more of the following:
- 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 documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.
The employer must pay the programmer a required rate. In 2008, the legislature adjusted this rate to thirty-six dollars ($36.00) per hour, or the annualized full-time salary equivalent of that ($74,880).
The exemption does not apply to an employee if any of the following apply:
- The employee is a trainee or in an entry-level position where he or she is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
- The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision.
- The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment.
- The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.
- The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-Roms.
THE HISTORY OF THE LAW
Prior to 2008, the hourly rate was different. If you were employed as a computer programmer before 2008, you may still have a claim. The chart below shows the required hourly rate and salary rate for each year.
| Year |
Hourly |
Salary
(40 Hour Week) |
| 2008 |
$36.00 |
$74,880 |
| 2007 |
$49.77 |
$103,522 |
| 2006 |
$47.81 |
$99,445 |
| 2005 |
$45.84 |
$95,348 |
| 2004 |
$44.63 |
$92,830 |
| 2003 |
$43.58 |
$90,646 |
| 2002 |
$42.64 |
$88,691 |
EMPLOYEES MISCLASSIFIED AS EXEMPT
It is important to remember that in addition to meeting the salary/hourly requirement, the employee must also meet the duty requirements listed above. Computer or Tech jobs that require the employee to fix technical problems, implement networks, write scripts, or write software documentation are usually non-exempt activities. Even programmers who engage in some of the exempt activities, still might not qualify as exempt employees since the exemption requires the employee to spend over 50% of his or her time performing these exempt activities. Testers are frequently misclassified as exempt since they generally do not meet the tech exemption requirements, and they do not fit under the administrative exemption either.
If you think you are improperly classified as an exempt employee, please contact us.
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