- FLSA Overtime Security Advisor
The information in this Advisor does not yet reflect the Overtime Final Rule that became effective 12/1/2016. DOL's Wage and Hour Division is working on updating the content of this Advisor. Please check back periodically as we hope to have this Advisor updated shortly. If you have questions regarding this Advisor, please contact the Wage and Hour Division or find the office nearest you.
The FLSA contains two exemptions from the payment of both minimum wage and overtime pay to employees employed in certain computer-related occupations. Under laws passed by Congress in 1990 and 1996, computer systems analysts, computer programmers, software engineers or other similarly skilled workers in the computer field may be eligible for exemption under FLSA sections 13(a)(1) and 13(a)(17) if they perform specific job duties and meet certain pay requirements.
The statutory exemptions for employees in computer-related occupations do not include employees engaged in the manufacture or repair of computer hardware and related equipment. 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 the use of computer-aided design software), but who do not meet the duties tests are also not exempt under this provision.
Because job titles vary widely and change quickly in the computer industry, the exempt status of any employee under the computer-related occupations exemptions must be tested by examining the actual job duties performed by the employee, not just the job title.