Computer Workers New Overtime Guidelines

The Department of Labor recently released new guidelines for computer workers. For most computer workers, the overtime guidelines did not really change that much. Here are the guidelines. A computer worker can be exempted from being paid for overtime under the following Scenarios:

  1.  Overtime Exemption: An individual is exempted from overtime if
    • they make at least $913 / week ($47,476 / year), or at least $27.63 / hour.
    • Of this, at least 90% of the salary level ($822 / week) must be paid on a “salary” or “fee” basis unless the employee is paid on an hourly basis and receives at least $27.63 / hour.
    • Up to 10% of the salary level ($91 / week) may be satisfied with nondiscretionary bonuses or incentive payments.
    • The employee’s “primary duty” must be that of an exempt computer employee, as described in the “Duties Tests”
  2. Duties Tests: To qualify for the computer employee exemption, the following duties requirements must be satisfied:
    • The employee must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field; and •
    • 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 the aforementioned duties, the performance of which requires the same level of skills.

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